APPEAL

a legal procedure in which the losing party of a divorce (lawsuit ) requests that a higher court review the decision.

Review of a trial court's decision and judgment by a higher court. The appeals court can review the trial court's "findings of fact" and "conclusions of law." See Decision and Judgment.

Review of a trial court’s decision and judgment by a higher court. The appeals court can review the trial court’s "finding of fact" and "conclusions of law." See Decision and Judgment.
Appeals courts analyze the trial court’s decision and judgment for substantive errors in its "conclusions of the law." In exceptional cases the trial court’s "finding of facts" are also reviewed. Most findings of facts are extremely difficult to challenge because appeals courts defer to the trial court’s ability to weigh evidence. Unless the trial court’s findings of fact cannot possibly be supported by the evidence, such appeals will fail. Judges have discretion to believe or disbelieve all evidence presented, and appeals courts will not second guess the trial court on its finding of facts.
While challenging a trial court’s "conclusions of law" is less difficult, states grant divorce judges substantial discretion in fashioning judgments. Therefore, appeals are often unsuccessful except for substantial errors of law that significantly and adversely impact a party; otherwise, the mistake is considered "harmless error." Whether your appeal succeeds may depend more on your gender than the merits of your case. In Massachusetts, for instance, over 80% of appeals brought by husbands were dismissed whereas over 80% of appeals brought by wives prevailed.