Family law cases are often the most emotional and life-changing disputes people face in court. Whether it’s child custody, child support, alimony, or dividing marital property, the outcome can reshape your family and financial future. But what happens if you believe the judge made the wrong decision?
In North Carolina, you may have the right to appeal—asking a higher court to review whether the trial judge made a legal mistake. Here’s what you need to know.
Grounds for Appeal
Not every unfavorable ruling qualifies for an appeal. North Carolina appellate courts do not re-try cases or substitute their judgment for that of the trial court. Instead, appeals must be based on legal errors. Common grounds include:
- Misapplication of the law – The judge used the wrong legal standard or ignored statutory requirements.
- Improper handling of evidence – Key evidence was excluded or misinterpreted.
- Procedural errors – Due process violations or trial mistakes that affected the outcome.
An appellate attorney will carefully review the trial record to determine whether you have a viable basis for appeal.
Appealing Property Division
North Carolina follows the rule of equitable distribution, which means marital property should be divided fairly, though not always equally. Appeals often arise when trial courts:
- Misclassify assets or debts – For instance, labeling separate property as marital, or dividing debts that predated the marriage.
- Miscalculate value – Dividing property without a proper appraisal.
- Misapply fairness factors – Awarding one spouse more without legally sufficient justification.
When classification, valuation, or fairness is mishandled, an appeal can help correct the error.
Appealing Custody, Visitation, and Support
Custody and support cases are some of the most sensitive and heavily scrutinized appeals because they directly affect children. Potential errors include:
- Best interests standard misapplied – Failing to weigh all required custody factors.
- Visitation restrictions without cause – Limiting a parent’s access without proper legal basis.
- Child support miscalculations – Incorrect income numbers or deviations from the state guidelines.
- Improper attorney’s fee awards – Ordering one party to pay fees without statutory support.
Because these rulings shape children’s futures, appellate courts are careful to ensure the trial judge followed the law correctly.
How the Appeals Process Works
Appeals in North Carolina look very different from trials. Here’s a roadmap:
- Strict deadlines – You usually have 30 days from the date of entry of the order to file a Notice of Appeal. Missing this window is fatal.
- No new evidence – Appeals rely solely on the written trial record (transcripts, pleadings, exhibits).
- Written arguments – Lawyers file detailed briefs; sometimes oral arguments are allowed.
- Potential outcomes – The appellate court may affirm the trial court’s decision, reverse it, or send the case back (“remand”) for further proceedings.
It’s not a quick process. Appeals can take a year or longer, and costs vary depending on complexity. But in cases involving significant property, long-term financial obligations, or the custody of children, pursuing an appeal can be critical.
Final Thoughts
If you believe the judge in your family law case made a legal mistake, you may have grounds for an appeal. These cases are complex and high-stakes—especially when children, assets, or ongoing support are involved.
At Adkins Law, PLLC, located in Huntersville, NC, we understand the appellate process and its impact on families. Our team can review your trial record, identify potential errors, and guide you through the process with skill and clarity.
📞 Contact us today to schedule a consultation with a Huntersville family law appellate attorney.
