Divorce appeals can be complex, and even individuals who have grown relatively comfortable with the procedures of North Carolina trial courts may find it stressful to navigate the somewhat different requirements involved in appealing a trial judge’s decision. No two cases are alike, but the formal deadlines prescribed under the North Carolina Rules of Appellate Procedure do help to establish some relatively predictable timeframes. Becoming familiar with their structure can therefore help individuals pursuing divorce appeals to gain a greater sense of confidence about the process. Personalized guidance can also help, so consider contacting a family attorney at King Law Offices to walk through the steps of North Carolina divorce appeals and discuss what you can expect along the way. Call 888-748-KING to schedule a conversation.
Types of Divorce Appeals
Although divorce appeals in North Carolina are not particularly unusual, individuals who have never gone through the North Carolina divorce appeals process may not be familiar with how appeals work in family law cases and the types of decisions that may be appealed, or when. Developing some clarity around these divorce appeal basics can make navigating the entire process, and meeting the essential deadlines, much easier.
Appeals During Proceedings
For the most part, only a judge’s final decision in a case is considered eligible for appeal, the expectation being that any concerns with orders mid-proceedings can usually be addressed with the trial judge as part of the normal process of the divorce case. However, North Carolina law provides for certain limited exceptions to this general rule. Under N.C.G.S. § 50-19.1, either party may appeal orders regarding any of the following while other matters in the same case are still pending, as long as the specific order appealed would constitute a “final order” in the absence of the remaining issues pending in the case:
- Divorce
- Validity of a marital agreement
- Child custody or support
- Alimony or the distribution of marital property
Importantly, failure to appeal immediately these items even though other matters in the case are still pending does not imply forfeiture of the right to appeal.
Litigated Decisions
Even when divorcing spouses are unable to come to agreement on all necessary matters outside of court, it is very common – either independently or through divorce mediation – for them to draft and submit to the court the proposed terms of their divorce for those matters on which they have been able to reach a consensus. The particulars can. vary somewhat, depending on the case, but as a general rule the elements of a divorce that are decided by agreement between the parties are not usually eligible for divorce appeals, although former spouses may sometimes file modification requests when either party has a significant long-term chance in their circumstances that makes the agreed-upon arrangement no longer practicable.
Some individuals just coming out of a North Carolina divorce are frustrated to learn that only those elements of their case decided by the trial judge will be eligible for appeal. However, it is important to understand that the appellate process is intended precisely to review the work of lower-court judges throughout North Carolina. If the decision with which a former spouse is unhappy was not issued by a judge, then the judicial review function for which appellate law was designed will in most cases simply not apply. When considering the terms of a divorce agreement with your ex, therefore, you may wish to discuss those terms, and your options for preventing and addressing any unforeseen problems arising from them, with an experienced North Carolina divorce attorney.
Issues That Were Preserved During the Divorce Trial
If you or your ex worked with an attorney during the initial divorce trial, it is likely that you may have heard the phrase “preserving the issue.” This preservation is generally taken as a precaution in case an appeal is needed later, when one party believes that a decision affecting the case reflects judicial error. North Carolina Rules of Appellate Procedure, Rule 10, requires that a party must present a “timely request, objection, or motion,” to the trial court, in which the party clearly states “the specific grounds” for the ruling sought by the party, and receive a ruling from the trial judge on the submitted motion, request, or objection. North Carolina Rules of Civil Procedure, Rule 52(b) further specifies that issues raised in the first 10 days following a judgment may be addressed via additional findings by the trial judge, or an amendment to the court’s original order – a possibility often worth exploring, as a successful motion to the trial court during this timeframe may make the longer process of pursuing appeal unnecessary.
Sometimes the parties to divorce cases think of this “preserving the issue” requirement as an onerous burden that limits their options for appeal. In practical terms, however, the requirement to preserve the issue serves two important functions for North Carolina courts:
- Ensuring that trial courts have the opportunity to address concerns raised by either party, while the case is still ongoing
- Ensuring that there is a clear record of any concerns raised, and the reasoning employed by the trial judge as well as that presented by the appellant, for the appeals court to review
In other words: “preserving the issue” functionally means that each party has a responsibility to make any concerns with the court’s findings during the progress of the case known promptly, in case they can be addressed without the need for a separate judicial process via appeal, and a responsibility to state their concerns clearly and explicitly, so that if an appeal is in fact needed the appellate court will have a record to review. A divorce attorney with King Law Offices may be able to help you review the trial record in your own divorce case.
How Long Do You Have To Appeal a Divorce in North Carolina?
North Carolina Rules of Civil Procedure, Rule 58, prescribes that the parties to a civil case (whose rules, with limited adjustments, generally apply in North Carolina family cases) should be notified of any judgment entered in their case within three days from the date of entry in the court record. Assuming this three-day timeline is met, Rule 3(c)(2) of the North Carolina Rules of Appellate Procedure gives parties wishing to appeal the decision in their case thirty days from the date judgment is entered to file a notice of appeal with the superior court and serving such notice on the other parties to the case.
Exceptions and Adjustments to Deadline for Filing Notice of Appeal
If the three-day timeline for notice of judgment is not met, then generally speaking an ex-spouse will have thirty days from the date on which they are served with the notice of judgment to file their notice of appeal. Certain motions for relief filed by either party under the Rules of Civil Procedure can cause the thirty-day timeframe to be “tolled,” essentially stopping the clock until the trial court enters an order regarding the motion.
Managing Service of Process Requirements in the Timeframe for Divorce Appeals
The rules for filing the notice of appeal (and many other documents submitted in divorce appeals as they move forward) require that the documents filed with the court be accompanied by “proof service,” showing that the materials filed with the court have also been formally “served” on all other parties to the case. Individuals who have already had to navigate formal service of process requirements as part of the proceedings in their initial divorce case will likely be aware that this step can take up significant time on its own, so it is important to account for service of process obligations as you prepare to file your notice of appeal. You may also wish to consider speaking with a North Carolina family attorney experienced in handling divorce appeal cases.
Speak With an Attorney Near You
Divorce appeals can be a challenging, yet sometimes necessary, part of resolving the issues in your family law case. The timeframes and deadlines for North Carolina divorce appeals are set by the state’s Rules of Appellate Procedure, but individuals who anticipate the possibility of filing a divorce appeal may also wish to keep one eye on the court record to ensure that they are aware of the issues preserved for judicial review. Each case is unique, so consider scheduling a personalized consultation with a family attorney at King Law Offices to discuss your options and legal strategy for pursuing a divorce appeal. Call 888-748-KING today to set up a time.