- by Mary Stearns-Montgomery
- in Divorce
The appeals process can be very tricky and confusing in the state of Georgia. When attempting to appeal a family law case in Georgia it is important to speak with an experienced family law attorney first. Each family law related case is handled differently in Atlanta and understanding how and where to appeal your case can be tricky.
In Georgia some cases are subject to direct appeal procedures while others are subject to discretionary appeal procedures. A direct appeal means Georgia law allows you the right to appeal your case, while discretionary appeals mean you must request and be granted permission to file an appeal.
Under the Supreme Court of Georgia’s pilot project, which is applied to cases involving divorce and/ or alimony, discretionary applications for appeal will be automatically granted. There are two conditions to this rule that must be present in order for it to take effect.
- The applications have to be filed in a timely manor from the final judgment and decree of divorce.
- The Court cannot find the application insignificant.
Because of the situational discrepancy and timely urgency of appeals in Georgia, it is crucial to speak with an Atlanta family law attorney immediately if you are considering filing for an appeal.