There are a few things that you should be aware of before you decide to pull the trigger on filing an appeal on the outcome of your divorce trial.
First, it is not grounds for appeal simply because you did not like the outcome of your trial. An appeal is not a second bite at the apple, not a trial do-over. Appellants cannot present new evidence or arguments that were not raised in the trial court. The appellate court’s review is limited to the record from the trial court proceedings.
An appeal reviews the proceedings at the trial to determine whether they resulted in some kind of error(s) that, had the court not made that/those error(s), the outcome of the trial would have been different. Appellate courts focus on whether the trial court properly applied the law, not on re-evaluating the credibility of witnesses, re-assessing evidence, or substituting their judgment for that of the trial court. Few litigants who file an appeal prevail on appeal. Take your best shot(s) at the trial level.
If you believe the trial court made one or more appealable types of errors during your trial, then you may have grounds for an appeal. This does not, however, mean that just because the trial court ruled against you that it committed an appealable error.
It is very expensive to file and argue an appeal. On top of the expenses of a filing fee and cost bond to be paid as a condition of filing an appeal, the cost of attorney’s fees incurred in pursuing an appeal usually runs in the tens of thousands of dollars.
Utah Family Law, LC | divorceutah.com | 801-466-9277
