Las Vegas Family Law Appeals Attorneys
Family Law Appeals
In general, a litigant in a Las Vegas family law matter has the right to appeal a judge's written order after the case is concluded if one or more mistakes were made during the trial that directly affected the outcome. The orders that may be appealed include the final order in the case and an order granting or denying a motion for a new trial.
In general, a litigant does not have the right to appeal a negotiated settlement agreement. If you later determine that your negotiated settlement agreement is unfair, you should immediately consult with a Certified Family Law Specialist to analyze the options and avenues, other than an appeal, that may be available to you. You can also ask the family court to change an existing order that was not the product of a settlement agreement. See Other Options Available
The Supreme Court of Nevada
Nevada currently has only one level of appellate courts: The Supreme Court of Nevada. Because of the number of appeals filed each year, The Supreme Court of Nevada may take several years before ruling on your appeals case. In some cases oral arguments by both parties' attorneys are allowed but in most instances they are not. The Supreme Court of Nevada solely decides on whether oral arguments are heard.
The appeals process in family law cases is lengthy and expensive. Your family law appeals attorney will spend considerable time and effort reviewing the transcripts of your case, performing extensive legal research, and preparing comprehensive written legal pleadings.
Appeal Time Limits
A Notice of Appeal should be filed timely in order to make sure that you do not lose your right to appeal. Your family law appeals attorney will need the appropriate time to thoroughly review your case and prepare the appeals documents. Time is of the essence if you are considering filing an appeal in a family law case. If you do not act fast enough, your appeal, or response to an appeal filed against you, can be dismissed on a time limit technicality.
Other Options Available
It is not always necessary to file an appeal in order to change one or more of the terms of the final order or negotiated settlement in your case. Some situations can be addressed with a Motion for Reconsideration or, Motion to Modify or, Motion to Set Aside.
A Motion for Reconsideration
asks the same family court judge to review a previously issued decision and change it due to various circumstances including, but not limited to: Newly discovered evidence, fraud, mistake of fact, or mistake of law.
A Motion to Modify
asks the family court judge to modify an existing order usually due to a change in circumstances. There are numerous different forms of these motions including, but not limited to: Motion to Modify Decree of Divorce, Motion to Modify Alimony, Motion to Modify Child Custody, Motion to Modify Child Visitation, etc.
A Motion to Set Aside
asks the family court judge to vacate an existing order. If the order is vacated, the rulings defined in the original order no longer exist and any issues addressed therein revert back to an unresolved status.
Only a seasoned Las Vegas Family Law attorney knows the best way to proceed for your individual situation. Las Vegas divorce attorneys, Jennifer V. Abrams
, Vincent Mayo
and Brandon Leavitt
are well versed on the various legal opportunities available to assist you.