Matrimonial and Family Law Appellate Practice
Matrimonial appeals originate from divorce actions that culminate in adverse child custody and support orders, spousal support and maintenance orders, decisions and orders involving equitable distribution of property, contempt, prenuptial agreements and postnuptial agreements and other affiliated issues. Pursuant to New York law, there is an absolute right to seek an appeal to an appellate division from final orders in matrimonial actions in Supreme Court, and most interim orders that are issued during the pendency of the matrimonial action. Even though an automatic right of appeal generally attaches to these issues, does not mean that a party should seek such an appeal. A person seeking an appeal should consult with an attorney to assess the likelihood of success as appeals are expensive and time consuming.
Our divorce attorneys at Castiglia-Rubinstein, Simon and Associates are experienced in discerning potential outcomes should your matter be heard and decided by a judge, and we will assist you in resolving contentious issues through negotiation when possible to avoid the cost of litigation. Where negotiation is not possible, our divorce attorneys are adept litigators and will advocate your position vigorously before the court to reach your objectives. We represent clients in matrimonial appeals that originate from divorce actions that culminate in adverse child custody and support orders, spousal support and maintenance orders, decisions and orders involving equitable distribution of property, contempt, prenuptial and postnuptial agreements and other affiliated issues in Nassau County, Suffolk County, Queens County, Bronx County, Westchester County, Richmond County, Manhattan and Brooklyn Kings County New York.
Divorce * Uncontested Divorce * Contested Divorce * Custody & Child Visitation Rights * Child Support
Equitable Distribution * Prenuptial Agreement * Postnuptial Agreement * Order of Protection
Separation Agreements * Alimony & Maintenance * Spousal Support * Appellate Practice * Adoption
If you believe that you need to an appeal a decision in Supreme Court, you must act expeditiously as there are specific time parameters to file and then perfect an appeal. To commence the appeal process, a party must file and serve a Notice of Appeal. The Notice of Appeal is not filed with the appellate court, but rather the trial court. An appeal must be made thirty (30) days from the service of the order or judgment with Notice of Entry. The default rule is that the appellant, the person seeking the appeal, must perfect his or her appeal within sixty (60) days. There are many technical rules concerning the filing and perfecting of an appeal, which if not performed correctly can be fatal. Consulting with an attorney, therefore, is suggested before embarking on this process.
The above discussed right of appeal does not apply to orders of the Family Court. Unlike an action in Supreme Court, before seeking an appeal of a Family Court order, a party must obtain permission from the Family Court to appeal its decision. As such, engaging the process in Family Court needs to be managed with care.
The appellate process does not result in a new trial, and new evidence will not be considered on appeal. The appellate process is generally conducted on the appellate paper, meaning the underlying record and documents from the trial court, and the appellate briefs. The appellate court assigns much deference to the trial court’s determination, and essentially determines whether the trial court’s decision resulted in an abuse of discretion. In furtherance of the appellate papers, an oral argument may be held wherein the appellant or his/her attorney will have a brief opportunity to argue the basis for the appeal of the trial court’s decision or order.
CONTACT A NEW YORK DIVORCE ATTORNEY TODAY. Call the Divorce Law Attorneys and, Family Law Attorneys at the law offices of CASTIGLIA-RUBINSTEIN, SIMON & Associates today for a free Divorce case review!
Having the right quality lawyer on your side can make a world of difference in a divorce case in New York. Although it requires you to make a lot of decisions that will have a huge effect on the rest of your life as it changes, finding a lawyer who will work with you, understand your wants and needs, and help you understand how the law can work in your favour can lead to positive results with your divorce. If you are ready to discuss your upcoming divorce with an attorney in New York, contact the attorneys at the Law Offices of CASTIGLIA-RUBINSTEIN, SIMON & Associates today. We offer free initial divorce law and family law consultations, and we are here to help you through this transitional time.
We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island Divorce lawyers, family law attorneys, and contested divorce or uncontested divorce attorneys today from wherever you live in New York in Nassau County, Suffolk County, and Brooklyn, Kings County and Queens County, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan New York.
Call 1-800-961-1529 today.
Get Help With Your Divorce Now Be prepared with the proper attorney and the right divorce law and family law, law firm behind you.
You should know you have certain legal rights and must be very selective of the Divorce Lawyer or Family Law Firm that you chose to represent you.
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