California Family Law Appeals Attorneys
When a trial court decision doesn’t seem fair or accurate, you may have the right to appeal. At Cage & Miles, our experienced appellate attorneys help clients challenge judgments involving divorce, custody, support, and property division. We guide you through every step of the appeals process to protect your rights and your future.
What is a Family Law Appeal?
An appeal occurs when a party loses a case at the trial court level and asks a higher court (called the “reviewing court”) to review the trial court’s decision.
For actions under the Family Code, a judgment or order can be appealed if it is either the final judgment in a proceeding or a final judgment on a collateral matter in a proceeding. Examples of these are:
- A judgment of dissolution of marriage
- A portion of a judgment that will terminate the marital status of the parties
- A portion of a judgment or an order that determines with definiteness any severable collateral matter like property rights, child custody, or spousal support
How the Appeals Process Works in California
Filing a Notice of Appeal
The party that files the appeal is the “appellant.” The non-filing party is the “respondent.” To begin an appeal, the appellant must serve and file a notice of appeal from a judgment or order in a family law proceeding. By filing notice, this gives jurisdiction to the appellate court, rather than the trial court who presided over the original case. Jurisdiction is the power and authority for the court to issue judgments and orders over a person or entity.
Also in the notice, there must be indication and specificity of what judgment or order the appeal is being taken for alongside a stated intention for appeal. The court for the appeal does not need to be specified; the court of appeal for the appellate district in which the superior court is located is where the appeal will be heard. Lastly, the notice must be signed by either the appellant or by their attorney.
Notice of Appeal Timing
The notice should be filed with the clerk of the superior court within the earliest of these times:
- 60 days after the date the clerk serves the party filing the notice of appeal with a “Notice of Entry” of judgment, or a file-stamped copy of the judgment, showing the date either were served;
- 60 days after the date the party filing the notice of appeal serves or is served by a party with a “Notice of Entry” of judgment or a file-stamped copy of the judgment, with a proof of service; or
- 180 days after the date of entry of judgment
Payments Required with an Appeal
By filing the notice of appeal, the following payments are required:
- Payment of a filing fee (Currently $775)
- A deposit for the preparation of a clerk’s transcript or other processing and notification charges (varies depending on the size of the transcript)
- If a reporter’s transcript is designated, then estimated charges for its preparation (varies depending on the size of the transcript)
Within 15 days after the superior court clerk has sent notification of the filing of the notice, the appellant must serve and file in the reviewing court a civil case information statement, with a copy of the judgment or order that shows the date it was entered.
Appeal Briefs
The next documents to be filed are the briefs. The briefs include the points that the appellant and respondent are raising on appeal and include points and authorities in support of each point raised in the brief. In an appeal involving two parties, three briefs are custom, and do not require additional permission from the Chief Justice or the presiding justice:
Appellant’s Opening Brief
Must be served and filed 40 days after the filing of the record in the reviewing court
Respondent’s Brief
Must be served and filed within 30 days after the filing of appellant’s opening brief
Appellant’s Reply Brief
May be filed within 20 days after the respondent’s brief is filed
Appeal Briefs
The next documents to be filed are the briefs. The briefs include the points that the appellant and respondent are raising on appeal and include points and authorities in support of each point raised in the brief. In an appeal involving two parties, three briefs are custom, and do not require additional permission from the Chief Justice or the presiding justice:
Specifically, in the appellant’s brief, there must be a statement of the case, which includes the nature of the action or proceeding, and the relief sought, a summary of material facts, and the judgment or ruling from the superior court.
After the appellant’s reply brief is filed, the clerk of the court of appeal will place the appealed case on the calendar for oral argument. The clerk will send a notice of the time and place of oral argument to all parties involved at least 20 days before the scheduled argument date.
Instead of the case being heard by one judge, the court of appeal consists of a three-member court system. The three judges will meet before the oral argument to discuss the case. The justices can then begin to develop questions and may be addressed to counsel during oral argument.
After oral argument, one of the justices will prepare the opinion of the court. The opinion will be final 30 days after it is filed.
Limitations to Appeals
An appeal can also occur for a portion of the final judgment. The “appellant”, the person bringing the appeal, may choose to limit the scope of review by the appellate court to only one or two issues that they believe were incorrectly decided at the trial court level, while leaving the remainder of the judgment in place.
One rule to be aware of is “the final judgment rule.” This means that the appellate court will only hear issues from a final judgment or order. This means that if the case is still ongoing without a final judgment or order (for example, if the judge makes a “temporary order” only) you cannot bring an appeal. Instead, an appeal may be filed once the final judgment or order has been entered.
Speak With an Appeals Specialist
Contact us for a confidential, introductory conversation with our Intake Specialist. We’ll talk with you about your unique family law matter, and match you with an attorney who is best suited to handle the particular issues in your case, so we can help you take the next step forward.
Speak with An Appeals Attorney
Schedule a confidential, no-obligation conversation with our team. We’ll discuss your unique situation and match you with the attorney best suited to help you move forward.
Get matched with the right Appeals attorney for your case
Get matched with a trusted Cage & Miles attorney who understands your unique situation. We’ll guide you every step of the way, from your first conversation to confident resolution.
