St. Louis Magazine – July 2019

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Q

A

Who should appeal family law cases? If you and your trial lawyer believe there
was an error of law, not fact, in your case, you should discuss whether that
error is worth the risk of an appeal. A family court judgment is reversed if
a judge misapplied the law or abused his or her discretion in entering the
judgment; appellate courts rarely reverse a case based on facts. If you win
an appeal based on the law, you are often sent back to the same trial judge
to address the errors.

The other side appealed. Do I need a lawyer? Respondents are not required
to file appellate briefs. However, that does not mean you should ignore the
appeal. If you decide to not address the appeal, then the appellate court only
hears your ex’s side, as you are barred from participating in oral argument.
Who should handle my appeal? Appellate lawyers rely on a different skill set
than trial lawyers. Our office has handled more than 100 appeals in state and
federal courts, as well as the United States Supreme Court. We work very
closely with trial counsel on appeals to assist counsel with presenting cases
to the appellate court. We also can take over responsibility for your case until
your appeal is resolved. Our office can help your team decide the best route
for your case.

Can I get attorney fees on appeal? Family law appeals are special cases. The
law allows both parties to request attorney fees on appeal from the trial court.
Contact your trial attorney—or our office, if you have not selected appellate
representation—to discuss this possibility.

Appealing a

Family Law Judgment

EXPLAINED BY BENICIA LIVORSI

The Family Law Group, LLC

#6 Westbury Drive, Ste. D, St. Charles, MO 63301

636-947-8181 | [email protected] | familylawgroupllc.com

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