A recent article in the Grand Rapids Press discusses appeals process in divorce cases and what somebody thinking of challenging a judgment should consider before taking that route.

The most important step in the process would be to find an attorney who is familiar and experienced working in the State Court of Appeals. Appeal work is time intensive and divorce judgments are difficult to appeal, so it is important to start obtain somebody experienced in this area.

Perhaps most importantly, a good appeal attorney will be able to tell their client when they are wasting their time trying to appeal a judgment. Divorce appeals can take a long time to be concluded as well, and can be costly, as the attorney's compensation must be paid by the parties involved in the appeal. So it is well worth it to find an attorney who will be honest about the prospects of challenging a judgment.

While lower court judges have a good deal of discretion in handling matters that come before them, judges handling the appeal have a narrow range of discretion. In terms of factual conclusions, an appellate court will only reverse a lower court when a grave error has been made.

Appeal work generally involves legal arguments rather than dealing in new facts, so the work is often centered on legal technicalities, such as what is really in the best interest of the children involved or whether there has been a violation of court rules of process.

Those considering an appeal of a divorce judgment should know that if a lower court decision is found lacking, the appeals court will not simply issue another divorce decree. Instead, the case will be sent back to the lower court, which starts the process back at the beginning. All in all, the appeal process can be lengthy and tiresome.

And, unfortunately, the appeal process is sometimes abused by those who only use it as a way to get back at another spouse. That said, appealing a judgment may be an entirely valid and fair way for a party to get what they deserve out of a divorce, and should not be ruled out by those who feel they deserve a more just decision.

Source: mlive.com, "Law Talk: Appealing a divorce-a good bet or prolonging the agony?," Barton Deiters, January 31, 2012.