Divorce

What is an Appeal?

The first step for an appeal, if you are dissatisfied with the divorce court's ruling is to apply to the Tennessee Court of Appeals, which has jurisdiction to review civil cases, in addition to civil and criminal contempt cases, appealed from divorce courts. An appeal from the divorce court is a right, i.e., the Appeals Court must at least hear your appeal. Arguments before the Court of Appeals are usually presented by attorneys.

Unlike your divorce trial, there are no witnesses or testimony, rather the Appeals Court is attempting to determine whether the divorce court made an error or mistake, such that its rulings or order should be changed or reversed. You can't re-try your case, which is why its important that you have a good record, i.e., a court reporter's transcript of the proceedings, of the divorce court activity. After a three judge panel of the Court of Appeals hears oral arguments and reviews attorneys' written materials, known as briefs, they issue a written decision, or opinion. This part of the appeals process typically takes 12 months before a ruling is issued and will require an additional attorney fee.

Tennessee Appeals Court's opinions can be appealed to the Tennessee Supreme Court, which may, but is not required to, agree to consider your appeal. This process typically requires an additional 12 months before a ruling is issued.