While it would be nice to believe the courts always get it right, that isn’t always the case. The law may be unclear or may be misinterpreted by the court. The facts of the case may be evaluated incorrectly. And despite their best efforts, the judges are human and come with their own filters. The point is, parties are frequently left with the impression that the court got it wrong. It can be invaluable to have someone sit with you, explain the law, examine the facts, and advise you on whether pursuing an appeal to a higher court is likely to result in a different outcome.
Once a final decision is issued by the court, parties generally have thirty (30) days to appeal a property-only divorce case in Alaska. Cases involving children have a different timeline – fifteen (15) days from the issuance of the final order. Before that deadline, you’ll need to file a Notice of Appeal with the Alaska Supreme Court, stating, among other things, the reasons you are appealing. You may believe the trial court got the facts wrong, that it got the law wrong, or simply that public policy required a different outcome. An experienced attorney will help you with this analysis.
If you do choose to appeal the trial court’s decision, be prepared for a long, expensive process.
There is only one Alaska Supreme Court, and they have a long backlog of cases, resulting in a process from start to finish that regularly takes more than a year to complete. Further, reviewing your trial file, the laws at issue, and the development of the arguments for your appeal briefs will take a significant time commitment. An experienced appellate attorney can mean the difference between success and failure and will definitely impact the cost of the process.
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If you would like to meet with someone who is experienced and can help you determine whether you have a legitimate reason to appeal, contact our office today.
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