Frequently Asked Questions
Appeals
Long Island Divorce Attorneys
Divorce appeals from basic facts to timelines.
What is a divorce appeal? How long does it take for a higher court to review a lower court’s judgment of divorce? Is there a time limit for filing an appeal? These are just a few of the many questions separating spouses ask before filing an appeal.
You deserve to know the facts. For quick answers to common questions about filing an appeal, explore our FAQs below or call us for a free and confidential consultation. Our divorce attorneys serve Nassau and Suffolk counties on Long Island with the knowledge, experience, and trust to give you the best advice.
What is an appeal?
An appeal is a formal request that a higher court review a lower court’s order or judgment. It can result in a reversal of the entire lower court order, or just a part of it. Alternatively, the appellate court can “remand” or direct that the lower court re-determine the matter in a manner that conforms to the appellate court’s decision. If review is sought from a state Supreme Court judgment in a divorce case, or from a non-support order issued by the Family Court, the appellate court is the Appellate Division of the Supreme Court. There are four departments of the Appellate Division in New York State, divided by geographic area. Suffolk County and Nassau County are located in the Second Judicial Department. An appeal can be taken from a decision of the Appellate Division to the highest New York State court, the Court of Appeals.
How long will it take for the appeal to be decided?
Appeals can take a long time. A period of a year or more from filing of the Notice of Appeal to the appellate court decision is not uncommon. In some cases, the court will issue a stay of proceedings in the court from which the appeal is taken. If the order being reviewed was “ex parte” (issued without notice to the other party) the Appellate Division will allow a short application that can resolve the issue right away.