Family Law Appeals
Ohio Courts of Appeal
Nothing is more important than your family. When it comes to handling custody or divorce appeals, you want an appellate lawyer ready to tackle complex issues. You also want a dedicated team ready to help guide your appeal to the best possible outcome, particularly if there are children involved.
Why Trust Us With Your Divorce or Custody Appeal
Family law cases aren’t just about what lawyers narrowly call “family law.” They are about federal and state tax. They are about real property—quite often, the family home. They can be about valuing a spouse’s business, understanding contracts, or even Constitutional law. Family law cases are also governed by the Ohio Rules of Civil Procedure, an area that many divorce lawyers neglect. When we evaluate appellate strategies, we take into account the whole picture, approaching the case from various practice areas.
We Look at Every Angle in Family Law Cases
to Ensure Our Clients Have Every Chance to Succeed
Jonathan Hilton has litigated family law cases through trial, and has a diverse background in many areas of law. He was in the top 0.2% nationwide on the Multistate Bar Exam, which tests subjects as diverse as Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts. He graduated first out of 97 in his class from University of Cincinnati College of Law, earning an A+ grade not only in Family Law, but also in classes such as Civil Procedure, Property, Constitutional Law, Trusts, Contracts, and Appellate Law. He was also the top-scoring student at his law school on an exam testing federal taxation.
Because family law touches on all aspects of your life, you want an appellate lawyer with the ability to analyze every possible legal problem, no matter what field. That’s where we come in.
Our Approach to Family Law Appeals
Divorces and custody court cases are stressful, and every moment can bring emotions to the forefront. Our approach to family law cases recognizes and is sensitive to this emotional component, while still remaining grounded in the reality of the task in front of us: persuading the Court of Appeals judges. We strive to remain objective, recognizing the key to success is usually picking your battles.
We plan with our clients to develop long-term solutions. We want to provide you with peace-of-mind for years, not a “quick fix” that will lead you right back to court again and again. Our approach involves thinking strategically—as our motto requires us to do—at least “Five Moves Ahead.” We will work with you every step of the way to make sure we have thought through the possibilities. When it comes to your family, you shouldn’t settle for anything less than making the best move.
Testimonials
“I have known Jonathan for over 8 years. Jonathan is one of the most intelligent, thorough, innovative and accessible lawyers I have ever met. Jonathan takes any issue presented, listens carefully to his client’s goals, and is then able to execute a great plan of action. I feel extremely confident recommending clients to Jonathan and I know he will continue to do great work for them.” – Laura Thudium (Family Law Attorney in Cincinnati)
Where We Handle Divorce Appeals: Across Ohio
If we are persuaded by your cause, we will take family law appeals anywhere in the state. We also will accept cases to be argued in the Supreme Court of Ohio.
FREQUENTLY ASKED QUESTIONS
How long will my family law appeal take?
Longer than you want. Once a final order is issued in your case, you have only a short time to file a notice of appeal to take the case to a higher court. But after that, the appellate process can last anywhere from a few months to over a year. Appeals are not for the faint of heart.
What kinds of orders can I appeal?
In most civil cases, you have to wait until the entire case is over before filing an appeal. But divorce and child custody cases are often different. Ohio defines a final appealable order as an order in a special proceeding (like a divorce or custody proceeding) that affects a substantial right. What it means for an order to “affect a substantial right” is vague enough to allow for creative arguments. For instance, we recently successfully argued before the First District Court of Appeals that a trial court’s motion transferring venue from one county to another was immediately appealable.
How much will my appeal cost?
Appeals are more expensive than most people realize. Being realistic, many of our family law appeals cost $50,000 or more in attorney fees.
What is oral argument?
Most Ohio appellate courts will give each side 15 minutes to argue the appeal a 3-judge panel. These judges decide the fate of the appeal. While the argument itself is short, we typically spend many hours testing different arguments and preparing answers to the judges’ questions. The goal is to deliver a smooth, persuasive performance that fully (and honestly) answers all the judges’ potential concerns about ruling in your favor.
Will taking an appeal during the middle of my case disrupt the proceedings in the trial court?
In theory, if you appeal one of the judge’s orders in the middle of a case, some aspects of the case (such as discovery) should be allowed to continue during the appeal. But in practice, family law judges will often stay (or pause) cases in front of them during the appeals process. You should talk with your lawyer in the lower court to help gauge the risks and benefits of taking an appeal.
Do you offer free consultations for family law appeals?
Given the demands on our time, we typically will only offer free consultations for family law appeals if you are being referred to us by your current lawyer in the lower court. Please have your current lawyer reach out to us to arrange a consultation.