Massachusetts Divorce Appeal Attorney
Divorce appeals touch upon a wide range of legal topics, including fundamental Constitutional rights, parenting, contract creation and enforcement, civil and criminal wrongs, business activities, inheritance, real estate, and other financial concerns. Your divorce judgment is life-altering, and sometimes not necessarily for the better. Trial court judges make mistakes. That is why there is an appellate court.
Every divorce judgment deals with the "equitable" division of marital property. A badly decided marital asset and debt division can stifle or ruin your financial future. Worse yet, the damage can affect the financial wellbeing of others (e.g., business ventures and investors, friends and family). The division becomes permanent if not challenged on appeal.
Trial judges do not always account for the equity or tax effects involved in their decisions. For example, a trial judge may declare "hidden assets" because they misapply the tax law regarding exercise of non-qualified stock options. Trial judges also err on the valuation of property or the current value of money. There are issues concerning the viability of a prenuptial or postnuptial agreement.
There may also be an issue of alimony or spousal support. The Legislature's attempt to simplify such financial awards has created fertile ground for appellate litigation.
If there are children involved then the trial court decides your future "contribution" as a parent. Issues include physical and legal child custody, child support, and child relocation. Left unchallenged, your divorce judgment will provide the baseline for all future disputes.
Divorce and family law is constantly evolving in Massachusetts, nationally, and internationally. Investigate your right to appeal and to defend against your opponent's appeal before your window for relief closes.
Prior to focusing his practice on appellate litigation, Attorney William M. Driscoll litigated, negotiated, and mediated many Probate & Family Court cases and appeared in the various trial courts throughout Massachusetts. He knows how Probate & Family Court judges think. He even clerked for one. Attorney Driscoll uses that insight on appeal.