Divorce is time-consuming, complex, and frustrating. When it is all over, and the outcome is not what you expected or wanted, it becomes even more frustrating. Many people consider filing family law appeals when things do not go their way, but before proceeding, it is essential to understand what an appeal is, what can be appealed, and what happens while you are in the limbo of waiting for a decision. If you think an appeal may be necessary in your divorce, child custody, child support, spousal support, or distribution of property order, speaking with an experienced family law appellate attorney at King Law Offices may provide clarity and additional information about your legal rights and options. Call (888) 748-5464 to schedule a consultation and learn more.
Summary of Family Law Appeals in South Carolina
Family law appeals in South Carolina allow parties to seek appellate review of final divorce and domestic relations orders when specific legal or procedural errors may have affected the outcome.
- Appeals review the existing trial record for errors of law, procedural mistakes, unreasonable decisions, or failures to consider evidence, rather than retrying the case or admitting new evidence.
- Final orders generally must be appealed within 30 days, and the appellate process involves strict deadlines, written briefs, and a timeline that often extends ten to twelve months or longer.
- Child custody and visitation appeals receive expedited treatment under South Carolina Supreme Court guidance, requiring prompt filings and limiting deadline extensions.
King Law Offices provides family law appellate representation in South Carolina, including Rock Hill and surrounding communities, with a focus on appeals involving divorce, custody, support, and property distribution.
What Is a Family Law Appeal and How Does It Work?
While often referred to as “final,” a final court order in a South Carolina divorce or other family law matter is not necessarily the last word. Under certain circumstances, these orders may be subject to appeal, which means asking the South Carolina Court of Appeals to review the evidence submitted in the original trial and the order made based on that evidence, and decide whether the order should remain as is or not. Filing an appeal does not guarantee that it will be granted, and even if granted, it does not guarantee that the order will be changed.
When an appeal is granted, there is no new trial, and the individual cannot submit new evidence to try to change the outcome. Instead, the appeals court reexamines the evidence previously submitted to the trial judge. Based on this reexamination and a review of the trial court’s order, the appeals court will decide whether to confirm the previous ruling or modify the order. In rare instances, the appeals court may decide to order a new trial, in which case the case is returned to the trial court, and the individual has the opportunity to present new evidence. However, it is exceedingly rare for a new trial to be ordered.
When Can Court Orders Be Appealed?
There are two ways the question of when court orders can be appealed can be meant. The first refers more to which kind of orders can be appealed, while the second refers to the timing of filing an appeal. Generally, the appeals court will only consider appeals for final court orders. These are the orders that are issued when all matters in the divorce or other family law case have been resolved, and the order is intended to be permanent unless modified in the future. In some cases, with special permission, temporary orders (orders put in place to guide the parties until a final order is issued) can be appealed. For example, a temporary order may be appealed if an abusive parent is given temporary custody of the child, and the other parent requests special permission to appeal this decision.
The timing of filing an appeal is very specific. The order must be final, but once it is, the parties have 30 days to file their appeal. This means that the decision to appeal must be made very quickly. Due to the tight timeline, it is often recommended to hire an appellate attorney to help determine if there are grounds for an appeal and to prepare the necessary paperwork within the allotted time.
What Constitutes Grounds for Appeal?
Often, when someone wants to appeal a family law decision, it is because they are unhappy with it. They did not receive the custody arrangement they sought, or the amount of child or spousal support they believed they were entitled to, or another decision that did not go their way. While this disappointment and frustration are valid, they are not grounds for appeal. To file a family law appeal, the individual must be able to base it on one of a few specific errors or unreasonable decisions.
Grounds for appeal in South Carolina include:
- Errors of Law: The judge misinterpreted or misapplied the state’s family law statutes.
- Procedural Errors: The court failed to follow proper legal procedures, potentially denying one party due process or a fair hearing.
- Unreasonable Decisions: The judge made a decision not supported by evidence or that was “plainly wrong” (a decision so unreasonable and unjustified that no reasonable judge would have made the same decision with the same facts and evidence).
- Failure to Consider Evidence: The judge did not consider some or all of the evidence submitted by the parties.
- Judicial Misconduct: The judge showed misconduct or bias toward one of the parties.
- Newly Discovered Evidence: If there is new evidence that was not available at the time of the original trial, it could change its outcome.
Understanding the rules of the appellate courts can help clarify what legal strategies may be the most effective.
How Long Do You Have After the Trial Concludes to File an Appeal?
An appeal is a lengthy process with several steps. The first step is to determine whether the individual has grounds for an appeal, and the second step is to file a Notice of Appeal. This notice informs the trial court and the other party that the appellant (the person filing the appeal) is appealing the decision, and is the formal document that begins the appeals process.
The Notice of Appeal must be filed within 30 days of receiving the final order from the trial court under South Carolina Court Rule 203. The notice is quite specific in the information it must contain, and the deadline is firm. Therefore, it is strongly recommended that individuals considering an appeal speak with an attorney to determine if they have grounds for law appeal, and for assistance with preparing the Notice of Appeal and other appeal documents. An experienced family law appellate attorney with King Law Offices may be able to assist you with this.
Determining Whether to Pursue an Appeal
An appeal can be costly, time-consuming, and complex. Even with grounds, it may not be successful. Appellate courts generally assume the lower court was correct in its decision, and it can be extremely challenging to overcome this assumption. Combined with the high costs and tight deadlines, some people ultimately decide that even though they could appeal, it is not worth it.
However, individuals should not make this decision lightly or without consulting a lawyer. While it is difficult to win an appeal, it can still be worthwhile to pursue it. Additionally, there may be other options to consider that may be more suited to an individual’s needs. An experienced attorney can help determine the viability of an appeal, explore alternative options, and guide the individual through the appeal process or other relevant procedures.
The Appeals Process and Timeline
There are several steps to the appeals process, each with its own deadlines. Many people wonder how long the appeals process can take. The process proceeds as follows:
- Notice of Appeal: This is the first step in initiating the appeal process and must be filed within 30 days of receiving the trial court’s final order. This deadline cannot be extended.
- Request Trial Transcript and File Initial Brief: The appellant requests a copy of the trial transcript, and the court reporter has 60 days to provide it. Once received, the appellant has 30 days to file an initial brief. The other party, or respondent, has 30 days to respond to the appellant’s initial brief, and then the appellant has 10 days to file a reply brief. This part of the process can take between 60 and 130 days, depending on how long each party takes to write and file their briefs, as well as whether the appellant files a reply brief.
- Serve a Copy of the Record on Appeal: This consists of the trial transcripts, pleadings, exhibits, motions, and orders, and must be filed on each party within 30 days of the last brief.
- Serve and File Final Briefs: Once the Record on Appeal has been served, each party has 20 days to serve and file their final briefs. From the Notice of Appeal to this point takes approximately six to seven months, depending on how quickly each document is received and filed, and whether any deadline extensions are granted.
- Await the Appeals Court Decision: Once the final briefs are filed, the court decides whether to hear oral arguments or not. Without oral arguments, it may take approximately four to six months for a decision to be rendered. With oral arguments, it may take longer.
In the quickest scenario, the shortest time within which to expect a decision is ten to twelve months from the trial court’s order. Realistically, parties often request extensions to complete briefs, so it may take more than a year for an appeal to be completed and a decision made.
The Uniqueness of Appealing a Child Custody Order
Family law orders regarding child custody and visitation, child or spousal support, or property distribution can be addressed through law appeals. However, it is essential to note that as of November 2022, child custody appeals are handled more expeditiously than other family law matters. This is because children grow rapidly, progressing through milestones in a matter of weeks or months. These rapid changes can significantly impact what is in the best interest of the child, meaning that an appeal filed today may not have the same facts in two or three years, as the child will have grown substantially.
For that reason, in 2022, the Supreme Court of South Carolina issued an order expanding their 2011 order, which required the appeals court to expedite custody cases involving children in adoption proceedings, termination of parental rights proceedings, or Department of Social Services actions involving minor children. This expansion requires both the state Supreme Court and the Court of Appeals to expedite domestic relations cases involving child custody and visitation to ensure stability for the children involved. The trade-off for this expediency is that the courts automatically have a presumption against granting any motions for extensions unless there are extraordinary circumstances. Therefore, parents who wish to appeal a custody or visitation order must be prepared to act promptly, filing all necessary paperwork by the stated deadlines.
Alternatives to Filing a Family Law Appeal
Sometimes, an individual may want to appeal but lacks grounds or is hesitant due to the expense or the time it can take. While there are not many alternatives, one that is often recommended is to live under the order. This means following the court order for a specified period. Once the divorce is final and the order is in place, emotions can begin to settle, and routines can be established. Individuals may find that their relationship becomes less contentious and what seemed unbearable becomes tolerable, if not comfortable and satisfying.
Additionally, the court order is the default when the individuals disagree. This means that individuals can agree to trials of different custody and visitation schedules, or an individual paying child or spousal support can agree to assist with other expenses while they see if these new arrangements work for everyone involved. If they find a better arrangement or if there is a substantial change in circumstances, the individuals can file for a modification of the order to reflect the new circumstances.
How a Family Law Appellate Attorney May Benefit You
Whether you know you want to proceed with family law appeals or you would like to discuss whether you have grounds for one, an experienced family law appellate attorney with King Law Offices may be able to assist you. From reviewing your case to determine if grounds for an appeal exist to filing the appropriate documents and requesting the Record of Appeal, we have the knowledge and experience to guide you through this complex and lengthy process. Call (888) 748-5464 to schedule a consultation in our Rock Hill, South Carolina office.
Essential Frequently Asked Questions About Appeals
The following frequently asked questions address common issues related to family law appeals in South Carolina.
What Is a Family Law Appeal in South Carolina?
A family law appeal asks the South Carolina Court of Appeals to review a final trial court order for legal or procedural error. The appellate court evaluates the existing record rather than conducting a new trial.
Which Family Law Orders Can Be Appealed?
Appeals generally apply to final orders resolving all issues in a case, such as divorce, child custody, child support, spousal support, or property distribution. Temporary orders may be appealed only with special permission in limited circumstances.
How Long Do Parties Have to File a Family Law Appeal?
A Notice of Appeal must be filed within 30 days of receiving the final order. This deadline is firm, and missing it typically prevents appellate review.
What Are Common Grounds for a Family Law Appeal?
Grounds may include errors of law, procedural mistakes, unreasonable decisions not supported by evidence, or a failure to consider relevant evidence. Dissatisfaction with the outcome alone does not qualify as grounds for appeal.
Does an Appeal Allow New Evidence to Be Introduced?
Appeals rely on the trial record, including transcripts, exhibits, and pleadings. New evidence is not considered unless the appellate court orders a new trial, which occurs rarely.
How Long Does the Family Law Appeals Process Usually Take?
The process often takes a year or more, depending on transcript preparation, briefing schedules, and whether oral argument occurs. Extensions and court scheduling can further affect the timeline.
Are Child Custody Appeals Handled Differently in South Carolina?
Child custody and visitation appeals are expedited to account for the rapid developmental changes of children. Courts limit deadline extensions in these cases to promote stability.
How Can King Law Offices Assist With Family Law Appeals?
Consider visiting with an experienced attorney at King Law Offices to learn more about appellate procedures, timelines, and potential legal options. The team at King Law Offices works to ensure clients understand their rights and available legal paths when considering family law appeals in South Carolina.
