Many people often feel helpless after the entry of judgment in a Massachusetts divorce, when they feel as though the trial court got something wrong. Some divorce attorneys in Massachusetts do their best for their clients at the time of trial and still don't get the results that the client was looking for. If you are dissatisfied with the court's judgment, you do have a right to appeal, and in Massachusetts there are two separate phases when you have the right to file an appeal.
Interlocutory Appeal
An interlocutory appeal is an appeal that occurs before the trial court's final ruling on the entire case. Some interlocutory appeals involve legal points necessary to the determination of the case, while others involve collateral orders that are wholly separate from the merits of the action. Essentially an interlocutory appeal is an appeal filed on your behalf challenging the lower court ruling on an issue that wasn't entered as a final judgment.
An interlocutory appeal is rare in a proceeding at the Probate Court level. However, simply because something is not common does not mean that it is not a type of relief available to you as a party to an on-going proceeding. There are times when the Probate Court enters an order, or denies a motion, and while it would be possible to wait for the final disposition of the case to file a formal appeal, it may be more beneficial to you in the long term to bypass a trial at the Probate Court level and file an interlocutory appeal on the issue. Remember, just because you can argue the matter at a later date on trial in the Probate Court does not mean that the issue can't be brought to a higher court first.
Appeal of a Final Judgment
Typically most divorce attorneys in Massachusetts are going to wait for the entry of a final judgment before discussing, with you, the potential for an appeal to the Massachusetts Appeals Court. If the Court enters a judgment in your proceeding which you disagree with, you have the ability to challenge the judgment through the appeals process. However, be forewarned, simply because your attorney discusses the potential for an appeal, does not mean that your attorney is the best person to handle the appeal.
The Rules of Appellate Procedure are more technical than those in the Probate and Family Court. While your attorney may be competent and skilled in the Probate & Family Court Department, if they are unfamiliar with the appeals process than they would not be ideal candidates to represent you on appeal. While any divorce attorney in Massachusetts could handle your appeal, you do not want just any divorce attorney in Massachusetts to carry out an appeal on your behalf.
The time standards for filing an appeal are strict, so you must act quickly if you feel as though the Court has made an error in entering a final judgment in your matter. The attorney's at Army & Army, are skilled in navigating the Rules of Appellate Procedure, and the entire appeal process, and those same attorneys are willing to meet with you to discuss your options as it relates to the filing of an Appeal. For most cases the time for filing the Notice of Appeal is thirty days, though the time standard can be as short as ten days from the entry of judgment. If you feel that the decision in your case was wrong, contact Army & Army today to set up an appointment to discuss the appeal process.
