Valid reasons for an appeal include whether the trial judge misinterpreted or misapplied the law, and whether there is evidence of fraud or misconduct by one of the parties A judge's factual conclusions cannot be appealed. The appellate court will rely on the original court's record and new evidence cannot be presented.
A well designed appeal must be based on a valid legal argument that arises from relevant case law and legal statutes. This requires a thorough evaluation of your case to determine if there are valid grounds for an appeal including:
- Unfair division of marital property
- Improperly changing child custody
- Errors in determining child support
- Errors calculating spousal maintenance
- Improperly dividing retirement funds
The matrimonial attorneys at Gassman Baiamonte Gruner, P.C. have expertise in writing appellate briefs and are well regarded for making persuasive oral arguments before the appellate courts.
In order to modify a divorce judgment, there must be proof that there has been a material and substantial change in circumstances that affects child custody and support or spousal maintenance (alimony). Circumstances that can be the basis for a modification include:
- Relocation involving minor children
- Change in employment status
- Increase or decrease in income
- Unforeseen expenses
- Issues concerning visitation