Mary Beth Long, Trial and Appellate Attorney
Getting Started:
If you are not satisfied with the ruling in your case, you must act quickly! Appeals from circuit courts to the Virginia Court of Appeals must be noted within 30 days. A number of critical details must be taken care of quickly to avoid compromising your rights. Appealable orders in divorce cases include the Final Decree, also sometimes called a Divorce Decree. An appeal can be a confusing and complicated process. To get started, it is best to talk to us and your trial lawyer about your desire to appeal before the final order is entered. Contact us today.
Where do divorce appeals go?
The Court of Appeals of Virginia hears domestic relations appeals. The clerk's office is in Richmond and many of the court's cases are argued in the capital city but the court also sits in rotating panels of three judges in different areas of the state. After the drafting and filing of legal briefs (often containing 20 or 30 pages of text, they are not generally very "brief") each side in each case is allowed 15 minutes for an oral argument. No witnesses appear and no new evidence is heard. Appeals generally focus on legal errors and arguments by lawyers. The Court may summarily affirm an appeal without oral argument if a panel of three judges determines that it has no merit. Decisions are issued by the Court of Appeals by a written opinion. If you do not like the result, the next step is to ask the Virginia Supreme Court to hear your case.
What is needed to advise you:
When you contact us, it would be helpful for you to have the judge’s opinion letter available for our review (or, if the trial judge ruled orally, a transcript of his ruling) plus any other documents pertinent to the issue you seek to appeal (for example, if the interpretation of an agreement is an issue, we will need to see the agreement).
If your spouse has appealed and you are seeking to DEFEND the trial court’s ruling in your case, be prepared to provide us with the Notice of Appeal, the judge’s opinion, the Final Decree and any other documents which you think are pertinent to the issue being appealed.
Mary Beth Long, Esquire
VA Family Law, PLC
Boulders II
7400 Beaufont Springs Drive, Suite 300
Richmond, Virginia 23225
866.381.3779 (toll-free telephone and fax)
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