California Divorce Laws - Appeal

After exhausting post-trial remedies available through superior courts, any party to trial court proceedings may file an appeal. Notice of intent to appeal must be filed with the trial court. The party initiating the appeal - the appellant - must also provide the records of the trial court proceedings to the appeals court. This record includes a transcript of the trial (or actions taken), pleadings, documents or other matters which are expected to be in controversy before the higher court.

An appeal under California divorce laws is quite different than trial. Appeals courts do not re-try cases or gather new evidence. The review of appeals courts under California divorce law is limited to compliance with the rule of law. Statutes, case law, rules of evidence, rules of procedure and an almost unlimited array of other legal issues provided under California divorce laws may be contested. Factual evidence gathered by the trial court will however be accepted without alteration, subject only to review for clear abuse or error committed by the trial court in gathering facts.

Appeals courts retain broad authority to reverse, remand or render decisions contrary to the conclusions of trial courts. Through alternative interpretation in the requisite application of California divorce laws, an appeals court may finalize decrees, order a new trial, order a trial court to take specific actions, or reverse and render an entirely different result under California divorce laws. Appeals courts retain independence in deciding issues of law, despite preferences and conclusions of trial court judges. If no genuine issue of law is presented, or if errors of law where not prejudicial, or if correcting errors would not likely change the result, appeals court remain free to refuse hearing and dismiss the matter.

California Divorce Laws - Appealable Orders

Usually, a dissatisfied party must wait for orders to become final before initiating an appeal. In a few circumstances, temporary or interim orders may be contested before a final judgment is entered. For instance, summary judgments determine that no genuine issue of material fact exists relating to specific issues plead and dismiss these issues. By prevent further evidence, the trial court also prevents consideration by a higher court based upon the evidence that would have been presented. In essence, a summary judgment is final determination without argument or evidence, and becomes appealable even though other legal issues remain unresolved under California divorce laws while a case is pending.

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