Contested Family Law Attorneys in Las Vegas
Appeals in Family Law Matters
Appeals of a judge's written order can be made by a spouse if he or she believes the outcome of the trial was affected by one or more mistakes made during the trial. A case's final ruling, or rulings granting or denying motions for a new trial, can be appealed.
While you can appeal a judge's written order, you are generally unable to appeal a settlement negotiated by you and your contested family law attorney in Las Vegas. If a previously negotiated settlement is deemed to be unfair at a later date, an expert divorce attorney should be consulted immediately. These divorce law specialists can analyze the unique circumstances of your case and identify options, in addition to appeal, that are available to you. For example, you can petition the court for a modification to an existing order that was not created as part of the original settlement agreement.
The Supreme Court of Nevada
The Supreme Court of Nevada is the only level of appellate court in Nevada. Each year, many more appeals are filed than can be heard by the court. As a result, it may be years before the court is able to consider and rule on your appeal. In most cases, the courts do not hear oral arguments regarding the appeal. The decision to hear oral arguments in your case is at the sole discretion of the Supreme Court of Nevada.
Appealing a judge's written order in a family law case is an expensive and time consuming process. The transcripts of your case will need to be reviewed in great detail and comprehensive written pleadings will need to be prepared by your Las Vegas divorce attorneys
Time Limitations for Filing a Family Law Appeal
Timeliness is essential when filing a Notice of Appeal, Your Las Vegas family law attorneys will need to review the transcripts of your case and prepare the appeal documentation for submission. Waiting too long to file an appeal or respond to an appeal filed against you may cause your case to be dismissed.
Alternatives to the Appeal Process
Filing an appeal is not the only method for modifying the terms and conditions of a negotiated settlement or final ruling in your family law case. In some cases, changes can also be made through the following motions:
Motions to Set Aside are motions that ask the judge presiding over your case to dismiss a previous ruling. When this happens, the previous ruling no longer applies to your Las Vegas family law case and the issues defined by the ruling are return to a status of unresolved.
Motions for Reconsideration are formal change requests made to the Clark County Family Court judge presiding over your case. These motions ask the judge to reevaluate a previous decision that was made in your case. Reasons for filing a Motion for Reconsideration include, but are not limited to, the following: recently uncovered evidence of fraud, additional assets, mistaken facts, or a mistake in interpretation of the law.
Motions to Modify are motions that request a change to a ruling that is already in effect. Motions to modify are often filed when there is a change in the circumstances of one or both ex-spouses. These motions can be filed to modify the terms of Alimony, Child Custody, Child Visitation, an existing Decree of Divorce, and other matters related to your divorce.