An appeal is the legal process to ask a higher court to review a decision by a judge in a lower court (trial court) because you believe the judge made a mistake. In Kentucky, family law cases are heard by the family court in your county. The next highest court is the Kentucky Court of Appeals, which hears cases from across the Commonwealth. The highest court in Kentucky is the Kentucky Supreme court, which is the final arbiter on questions of state law.

A litigant who files an appeal is called an appellant. A litigant against whom the appeal is filed is called an appellee. The higher court looks at the “record,” which includes the transcript, evidence, and documents from the trial court, and decides if the judge made certain mistakes that must be corrected.

You can only file an appeal after there has been a final ruling in your case, although there are some exceptions to this rule. In certain circumstances, you may file an “interlocutory appeal” to appeal the judge’s decision on an issue during an ongoing court case.

The timing of appeals is incredibly important. If you believe the trial court made a mistake, then you should reach out to an attorney as soon as possible to discuss the appeal process. Doing so will make sure that you meet the strict deadlines for appealing and will protect your right to appeal under the Kentucky Constitution. Julie and Ethan have handled appeals before the Kentucky Court of Appeals and can help you understand whether an appeal is right for you and when you need to proceed with an appeal.

Pursuing an appeal does not stop the trial court’s order that you are appealing from going into effect. The trial court’s order goes into effect immediately and must be followed during the entire appeal process. An attorney may be able to help you get an order from a court of appeal to “stay,” or put a pause on, the trial court’s order. Once you take an appeal, the process can take months or years before a final decision is reached by a higher court, depending on whether you have to appeal that decision again. If you are successful on appeal, then your case will be sent back to the trial court to follow the higher court’s orders concerning the issue. If the appellate court does not decide in your favor, then you must follow the trial court’s order.