Divorce is a complicated and difficult process. The process of divorce sometimes might include appealing the decision made by the court. You can click here to know more about the appeals commonly filed. These appeals might have to be reversed sometimes for many different reasons.
This article will discuss the common grounds for reversing an appeal.
- Error of law
This is a very common ground for reversing an appeal. It means that the court did not make correct decisions on the grounds used in their decision. It can happen still even though you were arguing your case well. The reason it can happen is usually that there is another ground that was not considered in the decision. Therefore, this ground is usually used as a last resort to reverse an appeal.
- Abuse of discretion
Abuse of discretion, also called maladministration, means that the court did not have the right power to decide on your case. This is an extremely strong ground. Sometimes, it can even mean that the court merely made a misjudgment and has not considered all of your arguments at all.
- Error in factual findings
This ground deals with the court’s factual findings. These factual findings are assumptions of facts. They are not actually based on any evidence presented by the parties involved. It takes a very long time to prove that there should be a reversal of an appeal based on this ground. In such a case, the party who filed the appeal has the burden of proving that there was an error in the factual finding, and therefore, it should be reversed.
- Findings against evidence
This ground deals with the findings on which the court made a decision. Sometimes, even though there was no error in the factual finding, the court might have based its decision on an assumption that was not supported by any evidence. In such a case, there should be a reversal of an appeal based on this ground.
- Error in the conclusions of the law
A conclusion of law concerns how the law is applied to the facts presented. Often, the court might have made a mistake in how they applied the law to the facts they found. Even if there was no error in their factual findings, this ground should be used if there is a mistake in their application of the law.