When you receive an alimony award from a family court in Oklahoma, you might wonder whether you have options if you’re not satisfied with the decision. Read on to learn about the possibility of appealing an alimony award, what it involves, and the Oklahoma laws that govern an appeal.
Understanding Alimony in Oklahoma
Alimony, often called spousal support, is money one spouse pays to the other during or after a divorce. Its purpose is to support the spouse who earns less income, allowing them to maintain a similar lifestyle to that enjoyed during the marriage or to help them become financially independent. The court considers several factors when deciding alimony, including the length of the marriage, the standard of living during the marriage, and each spouse’s income and employment prospects. Courts sometimes can apply property settlement or asset division as a substitute for alimony.
Grounds for Appealing an Alimony Award
To appeal an alimony award in Oklahoma, you must prove that the original decision was incorrect because of legal mistakes made during the proceedings. These might include errors in your divorce case related to how the law was applied to the facts of your case or how the evidence was interpreted. You cannot appeal simply because you are unhappy with the amount awarded; there must be a substantial legal basis for the alimony to be terminated or modified.
The Family Court Appeal Process
The process to appeal begins by filing a notice of appeal in the same court that issued the original alimony award. This must happen within 30 days of the decision. The next step involves preparing a legal brief outlining the errors in the original ruling, supported by legal arguments and references to statutes or case law. This can be a complex task, as it requires a deep understanding of legal standards and precedents.
What Happens During an Appeal?
During the appeal, a person or legal counsel cannot present new evidence. The higher court will review the original court’s decision and decide if that court made errors that affected the outcome of the case. The appeals process can be lengthy, often taking several months to complete. The appellate court might uphold the original decision, change the alimony award, or send the case back to the lower court for a new trial.
Possible Outcomes of an Appeal
If the appellate court finds that significant legal errors affected the alimony decision, several outcomes are possible:
- The court upholds the original decision: This means the appeal did not show sufficient grounds for a change, and the original alimony award stands.
- The court modifies the decision: The appellate court may change the alimony amount if it finds that the original court misapplied the law regarding how alimony should be calculated.
- The court moves the case back to the previous court: The appellate court may send the case back to the lower court for further proceedings or a new trial if they find errors or other issues that impacted the fairness of the trial.
Preparing for an Appeal
Preparing for an appeal requires understanding the legal grounds for the appeal and having a thorough knowledge of Oklahoma’s family laws. It involves reviewing court transcripts, legal documents, and evidence presented in the original trial to identify errors. This stage is crucial as the success of an appeal heavily depends on the ability to point out concrete mistakes in the application of the law.
Further, it’s also important to consider the timing and costs associated with an appeal. The legal process can be lengthy and expensive, involving court fees and potential costs for obtaining legal documents and paying for legal advice. Additionally, you should not underestimate the emotional toll and stress from prolonging legal proceedings.
Tulsa Alimony Lawyer
Appealing an alimony award in Oklahoma is a right you have if you believe there has been a legal error in your case. It’s a structured process that requires a clear understanding of family laws in Oklahoma. While the appeal process can provide a means to rectify errors in alimony decisions, it requires careful consideration and preparation. Remember, the decision to appeal should be based on solid legal grounds, not just dissatisfaction with the outcome of your case. A Tulsa alimony lawyer can guide you through the appeal of an alimony award. Contact Tulsa Divorce Attorneys & Associates by calling (539) 302-0303 or contacting us online for a consultation with an attorney.