Attorney Malone W. Allen

Georgia Family Law Appeals Counsel

Expert Guidance on Family Law Appeals in Georgia

Navigating the complexities of family law can be challenging, and sometimes the outcomes in trial courts do not reflect the fairest resolution under the law. At Resurgens Legal Counsel, we understand that trial courts, staffed by humans, can make mistakes or overlook critical aspects of a case. Led by Malone W. Allen, our team specializes in family law appeals in Georgia, offering a pathway to seek justice and correct errors made in initial proceedings. Whether it's a matter of custody, support, division of assets, or other family law issues, we are dedicated to rigorously reviewing your case, identifying grounds for appeal, and pursuing a more just outcome. Our expertise lies in understanding the complexities of family law and the nuances of appellate procedures, ensuring that your case receives the thorough reconsideration it deserves.

Strategic Approach to Family Law Appeals

At Resurgens Legal Counsel, we adopt a strategic approach to family law appeals. This process involves a detailed analysis of trial records, identification of legal errors, and the development of compelling arguments to present to the appellate courts. We recognize that each case is unique and requires a tailored approach, especially when dealing with the subjective nature of family law where personal circumstances and the best interests of children are paramount, but also where trial courts have a significant amount of discretion in making their decisions and orders. Our team meticulously prepares for each stage of the appeal, from drafting persuasive briefs to presenting oral arguments. We aim to illuminate the areas where the trial court may have erred on legal issues and advocate for a decision that better aligns with the law and the facts of your case.

Your Advocate in Pursuing Fairness and Justice

Understanding that the outcome of a family law case can significantly impact your life and the lives of your loved ones, Resurgens Legal Counsel is committed to being your staunch advocate in the appeals process. We are not just attorneys but also advisors and supporters who understand the emotional weight of these cases. We work closely with you to navigate the appeals process, keeping you informed and involved at every step. Our goal is to ensure that your voice is heard at the appellate level and that you receive a fair and just resolution in your family law matter.

In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.

Principal Attorney

“[Malone’s] detailed and professional approach put me at ease when complex legal matters were being discussed and settled. His eye to protect my interests while also advising me on a course to follow that minimized overall costs was excellent!”
-Former Client

Family Law
Practice Areas

Divorce
Alimony
Division of Assets
Child Custody
Child Support
Modifications
Contempt of Court
Separate Maintenance
Legitimation and Paternity
Prenuptial Agreements
Postnuptial Agreements
Family Violence Orders
Stalking Protective Orders
Equitable Caregiver Claims
Grandparents’ Rights
Family Law Appeals

  • A family law appeal in Georgia is a legal process where a party challenges the decision of a trial court in a family law case, such as divorce, custody, or support matters. The appeal is made to a higher court, which reviews the trial court's decision for legal errors and determines if the decision should be upheld, reversed, or remanded for further proceedings.

  • An appeal in a family law case must be filed within 30 days of the final judgment or order of the trial court. It's important to act quickly to meet this deadline, as missing it can forfeit your right to appeal. You may also be permitted to file an appeal of an interim court order (prior to a final order) in certain circumstances, with the permission of the trial court. However, the deadlines are even quicker for interim or interlocutory appeals, so it is critical that you consult with knowledgeable appellate counsel as soon as you receive the order you seek to appeal if you intend to ask for an interlocutory appeal.

  • Grounds for a family law appeal typically include legal errors made by the trial court, such as misinterpretation of the law, improper application of legal principles, or significant evidentiary issues. Disagreement with the court's decision alone is generally not sufficient grounds for an appeal, as trial courts are given broad discretion to interpret and apply the facts of each case before them.

  • No, new evidence cannot typically be presented in a family law appeal. The appellate court's review is limited to the record and evidence presented at the trial court level and focuses on whether legal errors were made in the trial court’s decision.

  • The family law appeals process in Georgia can vary in length, often taking several months to over a year. The timeline depends on the complexity of the case, the court's caseload, and the specifics of the appellate process.

  • The outcome of a family law appeal can result in the trial court's decision being upheld, reversed, or the case being remanded back to the trial court for further proceedings. The appellate court may provide specific instructions to the trial court on how to correct any identified legal errors.

  • While not legally required, it is highly recommended to have an attorney for a family law appeal. Missing a single deadline or filing requirement can be fatal to an appeal. Appeals involve complex legal analysis and procedural rules, and experienced legal representation can significantly impact the outcome.

  • In some cases, the decision of an appellate court can be appealed to a higher appellate court, such as the Georgia Supreme Court. However, this is generally limited to cases involving significant legal questions or constitutional issues.

Georgia
Appeal
FAQs

Have a questions about an issue that isn’t listed here? Don’t hesitate to reach out to us to discuss the specifics of your case to see how we can help.

Contact us.

If you're navigating the complexities of an incorrect trial court decision and seeking knowledgeable guidance on your appeal rights, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.