Appealing a Divorce Decree

Before we begin to discuss this topic, you must know that only when the appeals court finds a clear error in the subordinate court’s judgment will it overturn a divorce.

A divorce decree is the judgment provided by the judge in the court, which implies that your divorce is final, and the case is complete.

If a spouse believes that the decree is wrong, they can appeal to the Jaipur High Court.

Procedure to File an Appeal:

1. Decide What to Appeal:
   You must have strong legal grounds to appeal; otherwise, you will simply waste time and money. Discuss your case thoroughly with your divorce lawyer at Adarsh Singhal and Its Associates.
2. File an Appeal:
   There is usually a deadline to file an appeal, typically 30 days after the judge signs the decree.
3. Prepare the Record of Appeal:
   This includes the trial transcript, which records every word spoken in the court during the trial, and a case record, which contains all your case files and papers.
4. Draft the Appellate Brief and File It:
   This is one of the most laborious and technical tasks. The appellate brief contains legal arguments and must be filed in a particular format. Many divorce lawyers delegate this task to specialized lawyers who handle appeals and appellate brief writing.
5. Attend the Oral Argument in Court:
   Each party gets a chance to orally argue their point. Generally, each party is given 15 minutes for this.
6. The Court Gives Its Decision:
   If the decision affirms the decree, your appeal is unsuccessful. If the decision reverses the decree, your appeal is successful. In some cases, the Jaipur High Court may ask the subordinate court to “remand the case,” meaning reconsidering or modifying the order.