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Appeals >>
No matter how thorough the trial preparation and how skilled the Tennessee or Mississippi divorce lawyer, at times a party in a high-stakes case is dissatisfied with the results and wants to appeal. Trial judges are not perfect and can make mistakes; at other times, one of the parties refuses to accept the trial court’s final decision. In either case, the litigant who received the unfavorable ruling has a right to have that ruling examined by a three-judge court of review.
The litigant who received the unfavorable ruling has a right to have that ruling examined by a three-judge court of review.
Skilled, experienced attorneys, such as the divorce attorneys of Thomas Family Law, know from the very first meeting with a client that they must prepare the case as if it will be appealed. While such a mind-set might, at first glance, appear to reflect a defeatist attitude, the reality is just the opposite. Because the only information the appellate court may use in its review is the information that was presented to the trial judge, making sure the record contains every document and piece of testimony necessary to present the party’s case is just as crucial to a successful appeal as it is to the trial. The only items the appellate court is allowed to consider when assessing a challenge to a trial court order or judgment are the pleadings, motions, memoranda, testimony and exhibits that were before the trial judge. No new documents are allowed. No additional testimony is permitted. Whether the client is the party who wants to change the trial court’s decision (the appellant) or preserve it (the appellee), the task of the appellate attorney is to demonstrate that the record on appeal supports his or her client, whether appellant or appellee.
Generally, a party must wait to appeal until the end of the case after the trial court enters a final judgment. Certain types of appeals, however, may be taken before the entire case is over. A final decision on the issue of child custody, often entered before the litigation on property division or family support even begins, may be appealed immediately, as are injunctions barring a party from taking some specific action and rulings holding a party in contempt of court for disobeying a court order. Decisions holding premarital or post-nuptial agreements enforceable or not enforceable may be appealed before the end of the case if the trial court agrees to allow the early appeal. Finally, rulings on the court’s jurisdiction to hear a case and orders on visitation, temporary custody, parentage, or other issues concerning children may be appealed with the permission of the appellate court.
The process of an appeal begins with notice to the court and to the opposing party that a Notice of Appeal has been filed. The appellant is responsible for filing the record in the appellate court, following which he or she writes the initial brief that describes the facts brought out at trial and presents arguments supported by legal authority to convince the appellate court that the trial court decision was in error. The appellee’s brief refutes those arguments, also with legal authority. Finally, the appellant may file a short reply brief rebutting the appellee’s arguments. While most appeals are decided solely on the briefs filed, some are called for oral argument, at which the attorneys appear before the three-judge court, argue their positions, and respond to questions from the court. The appellate decision is issued in writing usually two to six months later.
Thomas Family Law has Memphis-area attorneys whose primary focus is handling the prosecution and defense of appeals from cases tried by attorneys both within and outside the firm. More important, the attorneys at Thomas Family Law are well skilled at presenting convincing evidence and making arguments to the court on all aspects of appeals. How well the message is delivered is of equal or greater importance than the substance of the message itself.
Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage.
Marriages
Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage. Never the less, there are unique challenges in gay and lesbian marriages, particularly when minor children are involved. Thomas Family Law has lawyers sensitive to and well acquainted with problems in gay and lesbian divorces.
Civil Unions
Only a minority of states recognize civil unions at the present time. There is a myriad of conflicting laws regarding civil unions making it a complex area of the law. Clients requiring a Tennessee or Mississippi divorce attorney for such matters need to have one with updated knowledge, skill and expertise in order to best represent the rights of same-sex clients in dissolution of a civil union.
For example, unlike the situation in the breakup of a marriage, maintenance payments are not deductible from the income of the party paying spousal support but are includible in the income of the recipient. Working within the law to minimize the tax burdens of parties whose civil union is being dissolved is part of the skill required in this area of law.
Thomas Family Law has lawyers sensitive to and well acquainted with unique challenges in gay and lesbian marriages.
negotiated settlements >>
The best result in any family law matter is a negotiated settlement. Divorce is a unique type of adversarial proceeding in that often the parties must deal with each other for many years following the dissolution of their marriage, especially if they have children. A negotiated settlement provides a foundation for the parties to move forward and interact in a mutually respectful manner. Thomas Family Law's Memphis-area divorce attorneys are experienced and skilled in achieving beneficial negotiated settlements while dealing with the emotions of the parties with understanding and empathy as they resolve issues involving children, complex property division, and support. Negotiated settlements also tend to be much more tailored to the needs of the particular parties and can and often do include provisions that are unlikely to be included by a judge after a trial.
There are many avenues and options for pursuing a negotiated settlement, and those options are explored with the client to determine which is best suited to the particular case. These options may include four-way settlement meetings with the opposing party and attorney, exchange of written settlement proposals, and pre-trial settlement conferences with the judge assigned to the case, which can give both parties the opportunity to educate themselves regarding how a judge is likely to resolve their case if a trial is necessary. Another option is alternative dispute resolution, such as mediation, in which a neutral Memphis-area mediator assists the parties and their family law attorneys in fashioning a settlement agreement.
A negotiated settlement is something that can be achieved at any stage in a case, provided that the parties have conducted sufficient due diligence to insure that they are fully informed of the assets and liabilities comprising both the marital and non-marital estates and have the information necessary to make informed decisions. Prior to any settlement negotiations, Thomas Family Law’s Memphis-area divorce attorneys will help a client assess what information and issues may need further discovery or research in order for the client to be well informed and protected during the negotiation process. Cases sometimes end with negotiated settlements early in the process, while other cases settle on the eve of trial. The Memphis litigation attorneys of Thomas Family Law continue to pursue settlements throughout the pendency of a case.
We help clients prioritize their goals, go over all the possible approaches available, and help clients assess which approach will both advance the case and motivate the other party to settle.
Most people thinking about divorce begin with the hope of getting through the process without having to go to court. Unfortunately, amicable resolution works only when both people are committed to that approach. When one or both parties initially take widely divergent positions on issues that take litigation to resolve, settlement is not entirely out of the question, but those initial positions mean that some litigation needs to happen first. Thomas Family Law’s Tennessee and Mississippi family lawyers help clients prioritize their goals, go over all the possible approaches available, and help clients assess which approach will both advance the case and motivate the other party to settle.
Thomas Family Law's Tennessee and Mississippi family lawyers know that clients count on the information provided by their lawyers both as to the time a case can take and the result that can be achieved. Our attorneys work diligently to be sure that communications with the client include learning about the client, discussing expectations of the process, and addressing assumptions the client might be making based on information the client has from other sources so that clients are making decisions using the best possible information. The firm’s attorneys also recognize that the investigation and analysis needed to maximize the likelihood of success at a trial is the same investigation and analysis necessary to maximize the likelihood of an optimum settlement.
Trial court litigation has many moving pieces and Thomas Family Law’s attorneys are particularly skilled at communicating legal concepts so that clients understand what is happening in their cases and can make informed decisions about each of the moving pieces. A big source of client stress in litigated cases is fearing the unknown of having to give testimony. The firm’s lawyers communicate with clients about the differences between ordinary conversation and testifying at a deposition or in court. They talk through clients’ concerns about the process so that no client leaves a deposition or trial feeling as though he or she was unprepared for the task of testifying effectively.
If facts or legal rulings change the landscape, clients may need to reassess their goals and priorities. The firm’s family law attorneys are attuned to continually evaluating case strategy to be sure that the strategy stays current with client’s goals and priorities. Since Thomas Family Law’s lawyers are known for a high level of preparedness and confidence in the courtroom, those skills alone can often tip the scales toward a favorable outcome for a client.
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