What Happens After You Lose in Family Court? Your Right to Appeal in Georgia
Losing a case in family court can be devastating. Whether the judge awarded custody to your ex, denied your request for alimony, or divided your marital property in a way that feels unfair, the emotional toll is often matched by confusion and frustration. The question we hear often is: “What now?”
Fortunately, Georgia law allows you to appeal many types of family court decisions. But appealing is not simply a matter of disagreeing with the outcome. It requires a solid legal foundation, proper recording of the legal issue before or during trial, a clear understanding of the appellate process, and strict compliance with deadlines and procedures.
Below, we break down what it means to appeal a family court ruling in Georgia, how the process works, and when it might make sense to take that next legal step.
What is an appeal?
Let’s start by clearing up a common misconception: an appeal is not a complete do-over.
An appeal doesn’t involve calling new witnesses, presenting new evidence, or asking a different judge to reconsider your case from scratch. Instead, it’s a legal review by a higher court—either the Georgia Court of Appeals or, in rare cases involving constitutional or highly unique questions, the Georgia Supreme Court—to determine whether the trial court made a legal error that significantly affected the outcome.
Think of it this way: an appeal looks at the record of what happened in the trial court and asks, “Did the trial court judge apply the law correctly?”
What Kinds of Family Law Orders Can Be Appealed?
You can appeal a wide range of final decisions in family law cases, including:
Divorce decrees (final judgments)
Child custody and visitation determinations
Child support orders
Alimony awards (or denials)
Equitable division of marital property
Contempt rulings
However, not every appeal follows the same path. Georgia law distinguishes between different types of appeals:
Direct Appeals: These are available as a matter of right, meaning the appellate court must hear the case. For example, custody determinations are often subject to direct appeal under O.C.G.A. § 5-6-34(a).
Discretionary Appeals: For certain issues (like equitable division of property or alimony) you must ask the appellate court for permission to appeal through what’s called an Application for Discretionary Appeal. The court may decline to hear your case.
Interlocutory Appeals: These apply when you want to appeal a temporary or non-final order before the case is over. For example, if the court issued a temporary custody order while the divorce is still pending. Interlocutory appeals require:
A certificate of immediate review from the trial judge (requested within 10 days of the order),
And permission from the appellate court.
The Appeals Process: Step by Step
Appeals are governed by a strict set of procedural rules. Here’s an overview of the process and timeline:
Step 1: File a Notice of Appeal (or Application)
Must be filed within 30 days of the final judgment or the denial of a motion for new trial.
If you miss this deadline, your appeal is almost certainly barred.
Step 2: Prepare the Record
The trial court clerk compiles the “record on appeal.” This includes all pleadings, motions, transcripts, exhibits, and rulings.
It’s critical that the issue you’re appealing was properly preserved in the trial court (i.e., objected to at the time, included in a motion that was denied, etc.).
Step 3: Submit Briefs
You (the appellant) file a brief laying out your legal arguments and citing relevant law.
The opposing party (the appellee) files a response.
The appellate court may allow you to file a reply brief.
Step 4: Oral Argument (Sometimes)
In select cases, the court may grant oral argument, especially where the legal issues are novel or complex. Most appeals, however, are decided on the briefs alone.
Step 5: Decision Issued
The appellate court may affirm the trial court (no error), reverse the ruling (error found), or remand the case for further proceedings.
Opinions may be published (precedential) or unpublished (non-binding).
Standards of Review and Why They Matter
The success of an appeal often depends on the standard of review applied by the court. These standards determine how much deference the appellate judges must give to the trial court:
Abuse of Discretion: Used for custody, visitation, or alimony decisions. The appellate court will only reverse if the judge’s decision was unreasonable or arbitrary.
De Novo: No deference is given to the trial court’s ruling. Used for pure questions of law (e.g., statutory interpretation).
Clearly Erroneous: Applies to factual findings. The appellate court won’t reverse unless the evidence does not support the trial court’s decision.
Understanding the applicable standard is crucial. It’s not enough to show that the judge might have been wrong or that another judge might have come to a different conclusion under the same set of facts. You must show that the decision was legally or procedurally flawed in a way that justifies reversal.
When Should You Consider an Appeal?
Appealing a family law decision is a serious step, and not always the right one. Consider an appeal if:
You believe the court misapplied the law (e.g., ignored statutory custody factors or miscalculated child support).
The judge abused discretion or acted outside the bounds of reason.
The court excluded or admitted critical evidence improperly.
You have a clear and complete trial record (including transcripts).
An appeal may not be worthwhile if your dissatisfaction stems mostly from the outcome, rather than a provable legal error. In such cases, a future modification petition may be more appropriate.
Costs and Timelines
Appeals are not quick or inexpensive:
Time: Most appeals take 6 to 12 months to resolve, depending on court backlog and case complexity.
Cost: You can expect to pay for transcripts, filing fees, and attorney’s fees, which may range from a few thousand dollars to significantly more.
However, when your parental rights, financial future, or legal dignity are on the line, a well-founded appeal can be worth every effort.
Why Choose Resurgens Legal Counsel
At Resurgens Legal Counsel, we guide clients through family law appeals with precision, care, and deep knowledge of Georgia appellate practice. Attorney Malone Allen has experience identifying viable appellate issues, crafting persuasive briefs, and managing the procedural demands that appellate courts require.
If you’ve received a final judgment in a divorce, custody, or support matter that you believe was wrongly decided, contact us immediately. Appeals are time-sensitive, and every day counts.