Legal Question in Family Law in Alabama

Re: divorce appeal

You can appeal the ruling issued by the judge, but you can only appeal based on issues that were raised during the course of the case. If your attorney filed a motion for the judge to recuse himself or herself from the case and the judge denied it, then you can argue the issue to an appellate court and ask them to order a new trial. However, if you knew about the conflict of interest and did not raise it before now, you cannot raise it for the first time on appeal.

However, even if you never raised the issue of the conflict of interest, you may have other legal issues which could be presented on appeal. While a judge has wide discretion in making rulings in a divorce, the judge cannot abuse that discretion. Further, there may be issues where the judge ruled against you when Alabama law would have required a ruling in your favor. I would have to know more about the case before I could give you more specific advice.

I would suggest that you talk to your attorney about whether there are any issues you could assert on appeal. If you would like to discuss the situation with me, feel free to give me a call.