Appeals

Family Law Appeals in North Carolina

If you believe the trial court made a mistake in its decision in your case, you may have the right to appeal by filing a notice of appeal with the North Carolina Court of Appeals. Generally, only final orders are eligible for appeal, although in some instances, orders that affect a party’s substantial rights may also be appealed.

The Court of Appeals reviews the record on appeal, which includes relevant court filings and, if requested, a transcript of the hearing, along with written arguments (called briefs) submitted by each party. In some cases, the Court may allow oral arguments, but most family law appeals are decided based solely on the written briefs.

Appeals are time-consuming and can take a year or longer before a decision is issued. Because trial courts are given broad discretion in family law matters, it can be difficult to succeed on appeal. It is important to consult with an attorney to evaluate whether an appeal is likely to succeed in your case and whether it would be a cost-effective option.