The entire divorce process can be a stressful time for you, your family, and your children. Having a knowledgeable attorney that knows the rules of the law and stays on top of deadlines is crucial in helping you through the divorce process. Attorney Van Smith and the other attorneys at Smith Strong, PLC have much experience in ensuring deadlines are properly adhered to.
In a Recent Virginia Case, Mother Failed to Timely Appeal her Claim to Circuit Court
In a recent Virginia case, a mother failed to timely appeal her child support claim to the circuit court. She was appealing a support order requiring her to pay support to her ex-husband. The case was originally heard in the Juvenile and Domestic Relations (JDR) Court, but she was going to appeal to the Circuit Court, as a trial de novo. Unfortunately, she missed the ten day filing deadline by one day.
Trial de Novo
A trial de novo is a new trial on the same issue, in another tribunal. This means you are asking for your same case to be heard, but in a different court. This is usually done through an appeal. Most appeals involving family law matters involve appeals from Juvenile and Domestic Relations Court to Circuit Court.
It is Crucial That These Appeals be Timely Filed
It is crucial that these appeals be timely filed. You have ten days for the entry of a JDR court order to file for an appeal on family law cases, and 21 days from the entry of a circuit court order to file an appeal for a family law case in Virginia. Talk with Attorney Van Smith about your appeal options and he will offer you a case specific guided plan on how to move forward, in the event that you do choose to appeal. The attorneys at Smith Strong, PLC will ensure that you do not miss a deadline by failing to file your case within the required ten day limit.
Special thanks to co-author and fellow researcher, Hayden-Anne Breedlove for her contribution with this article. Hayden-Anne Breedlove anticipates graduating from the University of Richmond School of Law in May of 2019.