Trial court judges make mistakes. They misapply the law, exclude critical evidence, or enter orders that simply cannot be squared with the facts in the record. In family law—where the stakes involve your children, your finances, and your future—an erroneous ruling can have consequences that last years. An appeal is how you correct the record.
Resurgens Legal Counsel represents clients before the Georgia Court of Appeals and the Georgia Supreme Court in family law matters, including cases where we were not involved at the trial level. If you believe the court below got it wrong, we will tell you honestly whether the record supports an appeal—and if it does, we will build the strongest possible argument for reversal.
When an Appeal May Be Right for You
Not every unfavorable outcome is appealable, and not every legal error requires an appeal. But there are situations where appellate review is not just an option — it is the correct next step.
You may have grounds for appeal if:
- The trial court misapplied Georgia law or ignored controlling precedent
- Critical evidence was wrongly admitted or excluded at trial
- The court’s findings of fact are not supported by the record
- You are challenging an interlocutory order—such as a temporary custody or support ruling—while your case is still pending
- A final divorce decree, custody modification, or support order contains a legal error that materially affected the outcome
Family Law Appeals We Handle
Our appellate practice in family law includes:
- Divorce and equitable division — challenging or defending asset division rulings, separate property determinations, and valuation decisions
- Child custody — appealing custody and parenting time orders where the trial court’s findings do not reflect the child’s best interests or misstate the legal standard
- Child and spousal support — contesting income calculations, deviation findings, or modification rulings
- Contempt and enforcement — appealing orders holding a party in contempt where the underlying finding was legally unsupported
- Interlocutory appeals — seeking discretionary or interlocutory review of significant pretrial or mid-case rulings
Appellate Counsel You Can Bring In
You do not have to have worked with Resurgens at trial to hire us for your appeal. Many clients come to us after a difficult outcome with another attorney, looking for a fresh set of eyes and a lawyer who knows how to work the appellate record. We review the trial transcript, identify preserved errors, and give you a candid assessment before any commitment is made.
A Record at Georgia’s Highest Courts
Resurgens Legal Counsel has argued before the Georgia Supreme Court, including in Barnhill v. Alford—a published opinion that reflects our commitment to taking difficult cases the distance when the law supports it.
Attorney Malone Allen is recognized as a Super Lawyers Rising Stars honoree, a distinction awarded to fewer than 2.5% of attorneys in Georgia.
What the Appellate Process Looks Like
Appeals in Georgia are briefing-intensive and procedurally demanding. Deadlines are strict, and the record is fixed — meaning what happened at trial is what the appellate court reviews. Here is a general overview of how the process unfolds:
- Notice of Appeal — filed within 30 days of the final order (in most cases)
- Record transmission — the trial court clerk sends the record to the appellate court
- Briefing — we draft your opening brief, identifying and arguing each preserved error; the opposing party responds; we may file a reply
- Oral argument — requested where appropriate; not always granted
- Decision — the Court of Appeals or Supreme Court issues a written opinion
The timeline from notice to decision typically runs six months to over a year depending on the court’s docket and whether oral argument is requested.
Hourly Representation with Full Transparency
Appellate work is billed hourly. Before we begin, we provide a clear-eyed estimate of the work involved and keep you informed as the matter progresses. There are no surprises.
