The appeal is the next stage in the legal process after a trial when one party believes that an error was made by the court or an attorney during the proceedings. You may have the right to appeal a decision or outcome if you are not satisfied with your case.
After losing a motion for a new trial, the defendant can file a notice of appeal with the Georgia Court of Appeals. This must be filed within 30 days of the order on the motion for new trial, or if the defendant did not file a motion for new trial, within 30 days of the sentencing order.
Appeals Process in Georgia
The appeals process in Georgia is one of the most challenging in the practice of family law, especially when the Georgia Court of Appeals or Georgia Supreme Court is involved. Georgia law grants the right to appeal certain cases like child support, meaning that you can automatically file a valid appeal. Other cases are subject to more discretionary appeal procedures. While many possible issues may be raised in the family law appeals process, the most common are:
- Marital property division
- Child and spousal support
- Child custody, parenting time, visitation, and parental relocation
- A determination of child abuse or neglect
- Attorneys fees
The appeal process can be lengthy and frustrating. To have a chance of succeeding, an appeal must be carefully researched, well written, and persuasively argued. The Georgia appeals attorneys at Stearns-Montgomery & Proctor review all case information in pursuit of innovative, practical solutions that will give you the best chance to win your appeal. You generally have 30 days to appeal, so you need to quickly engage an attorney.
We can help. Contact us today or give us a call at (678) 971-3413.