Judges don't always get it right in divorce cases. A divorce appeal may offer a way to turn your case around. Here's what to know about divorce appeals – the process, the challenges, common grounds for appeal and what to look for in an appellate lawyer.

1. Sensitivity: Confidential
Basics Of Divorce Appeals In Ohio
Presented By
What To Know When The Judge Gets It Wrong

2. Don’t Always Get It Right.
An appeal is an opportunity to overturn an
adverse outcome. It’s a powerful tool when
used in a strategic manner.
Trial Court Judges

3. The Appeals Process In Ohio
Magistrate
decisions:
You can appeal a
magistrate’s decision by
filing written objections
or, in some situations, a
motion to set aside the
magistrate’s order.
Court of Common
Pleas decisions:
You can appeal final orders
first to an Ohio Court of
Appeals and then to the
Supreme Court of Ohio.
Divorce appeals typically proceed through the following avenues:

4. What Are Some Common
Grounds For Appeal?
Legal Errors
• Misinterpreting or misapplying the law
• Failing to consider statutory factors
when rendering a decision
Factual Errors
• Failing to consider all of the evidence
• Making decisions that aren’t based on
the evidence
Not every decision stands a chance of getting
overturned. Common grounds for a strong
appeal include:

5. Examples Of Issues On Appeal In
Divorce Cases
Property division – failure to consider valuation
evidence or establishment of an unfair valuation date
Spousal support – failure to consider statutory factors
or make detailed factual findings
Spousal support modifications – lack of
jurisdiction under the terms of the divorce decree or
separation agreement
Income determinations – failure to take into
account all relevant sources of income

6. Standards Of Review
An appeal isn’t a redo. Appellate courts can only overturn divorce
decisions on very limited grounds. Their “lens” for reviewing trial
court decisions depends on the grounds for appeal.

7. Possible Outcomes On Appeal

8. What To Look For In An Appellate Lawyer
Appeals are complicated. Not every divorce lawyer handles
appeals, and not every appellate lawyer handles divorce cases at
the trial level.
Experience handling divorce appeals in Ohio
Experience handling divorce cases at the trial level
In-depth knowledge of Ohio family law
Strong legal research and writing skills
Proven success in divorce appeals
Look for a lawyer with:

9. Free White Paper
Attorney Zachary D. Smith is an award-
winning lawyer and certified family
relations law specialist. He holds
multiple professional distinctions for
his outstanding work at both at the
trial and appellate levels.
Learn more about divorce appeals by
downloading a free white paper.
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