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Divorce appeal fixed mistakes but costed me so much money to fix those mistake . How to can I get some relief ?

New York, NY |
Filed under: Divorce Divorce appeals

Hi ,
I got divorced 2 years back and Hon. Judge made so many mistakes of 100's of dollar in equal distribution . The mistakes were so obvious the appeal court have trail court to fix the mistakes . The trail court only fixed 75% and rest didn't saying was not presented . Now my question is costed my so much to fix the mistakes . Is possible to get relief for the money spent on appeal process legal? I left with no money to pay to my
ex wife due to appeal .
Please advice what can I do .

Attorney Answers 6


  1. Best answer

    Each side has to pay their own legal costs unless the Judge rules otherwise. Look at the appellate decision to see if it awarded you costs or not. If it did, you can get some of your appellate costs from your ex such as the costs to file the Notice of Appeal and the record on appeal along with your printing costs. You need to enter a money judgment and collect it unless your ex pays it willingly.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Nothing. You are very luck the appellate division sided with you. Broke? Join the crowd.

    Good luck.


  3. No, you can't get the other side to pay your legal fees for the appeal, nor can you get a credit. Hopefully the savings over time will be worth more than the cost of the appeal. Good luck.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  4. It is possible to make a post-appeal motion in the Supreme Court for counsel fees based on the appeal. Of course, the court will look not only at who the prevailing party was, but also the disparity of resources between the two of you. For a full assessment, schedule a consultation with a NYC Divorce attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


  5. Each side pays for their own appeal. If there is an agreement that the other side pays for your appeal then it would be enforceable.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  6. I practice in a different jurisdiction, so you really should consult a NY attorney about your issues. In my jurisdiction, each court decides whether an award of attorney fees is permissible and whether to make one (that is, the trial court decides whether to award fees for the trial court proceedings and the appeals court decides whether to award fees for the appeal). If you don't ask, you won't get them. If your appeal is over and you are back in the trial court, it is too late to ask for appeal fees. If you did it yourself, then you are not entitled to any fees because you did not incur actual fees owed to a lawyer. If you think the trial court failed to address all issues the court of appeals said to when the case was sent back, you may file a motion in the trial court pointing that out and asking the trial court to address the omitted issues, or you may appeal again and argue that the trial court failed to follow the mandate of the prior appelllate ruling and that the case needs to be sent back again with more directio s to the trial court. If this seems too confusing or hard for you to handle on your own and you cannot afford a lawyer, you might spend some tme looking for legal aid services in your area, but if you do not soon find what you need, you may need to face the economic reality that, right or wrong, you cannot afford to pursue this further and will just have to go with your life with this unhappy result.

    Please read the Avvo disclaimer. No attorney-client relationship is intended or established via this website. The reader should contact an attorney directly about the legal issues raised and the timing for asserting them and not rely upon any information provided here.

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