How Long Does the Family Law Appeals Process Take in California? 2025

It can be overwhelming and time-consuming to go through the family law appeals process alone. If you believe that your family law case was decided upon based on legal errors or mistakes, you may have legal options to appeal. The timeline, however, can vary for appeals depending on different factors, such as court schedules and case complexity. However, you may wonder: how long does the family law appeals process take in California?

A Basic Understanding of the Family Law Appeals Process

Before discussing timelines, it’s crucial to understand all that the family law appeals process involves. An appeal is not a new trial where emerging evidence is presented or new arguments are heard. It involves the appellate court reviewing the original court record to determine whether any legal mistakes were made that unfairly impacted the case outcome.

The appeals process involves various steps, including submitting a Notice of Appeal, drafting legal argumentation briefs, and, if necessary, bringing oral arguments to appellate judges.

The Steps and Timeline of a Family Law Appeal in California

The time it may take to complete the family law appeal process in California is highly specific to each case. Generally, it could take several months to over a year. Here’s a breakdown of the required steps and potential associated timelines:

1. 1. Submitting the Notice of AppealIt is required to first submit a Notice of Appeal with the appropriate appellate court within 60 days from the day the trial court has issued its final decision; however, it could be up to 180 days. Missing these crucial deadlines can cause folks to forfeit their right to appeal.
   2. Designating the Record on AppealAfter the Notice of Appeal has been filed, each party is required to prepare the record on appeal. This includes any documentation, evidence, and transcripts from the initial trial court process. Preparing the record on appeal generally must be carried out by the appellant within 10 days, with timelines depending on the complexity and length of the original trial.
   3. Submitting Appellate BriefsA key stage of the family law appeals process involves drafting and submitting appellate briefs. As a general rule, the opening brief from the party who is appealing must be turned in within 40 days after filing the record. After the appellant’s brief has been filed, the respondent’s brief should be turned in within 30 days. There is then an optional appellant reply brief, which can be sent up to 20 days after the respondent’s brief.During this process, extensions are to be expected, meaning this phase could last for months.
   4. Oral ArgumentsDepending on the case, the appellate court may want to schedule oral arguments, in which attorneys will bring forward their case in front of a panel of judges. Although this step is not always necessary, it may add months to the entire process.
   5. Decision and Potential Further AppealsAfter the oral arguments have been heard, the appellate court typically makes a decision within 90 days after the case is submitted. If the case is successfully appealed, it could be sent back to the original trial court for further proceedings. If the appeal is unsuccessful, the appellant may send their appeal further up to the California Supreme Court, which could add months or even years to the process.

FAQs

How Long Does the Family Law Appeals Process Take in California?

The amount of time the family law appeals process may take in California is dependent on various factors, including the schedule of the courts, the case complexity, and whether the appeal calls for oral arguments or additional hearings. By working with a knowledgeable family lawyer, you can understand the specific timeline for your appeals case, as well as a breakdown of the various steps required.

What Factors Affect the Timeline of a Family Law Appeal?

Crucial factors that may impact the timeline of a family law appeal include whether it’s required to make oral arguments, the caseload of the appellate court and scheduling delays, as well as the time it takes to draft and finalize the appellate brief and submit supporting documentation. The legal issues involved in the complexity of the case can significantly impact the timeline of a family law appeal.

What Are the Steps in the Family Law Appeals Process?

The different steps in the family law appeals process include filing the Notice of Appeal within 60 days of the final decision, the ruling of the courts, and then collecting all relevant documents and trial transcripts. Additionally, written appellate briefs must be drafted and filed. If required, oral arguments may be presented before the appellate court. Finally, the court goes over the case details and issues a final decision.

Can a Family Law Appeal Be Resolved Quickly?

Whether a family law appeal can be resolved quickly depends on the specific factors of the case. While more straightforward cases can be resolved in less than a year, this requires a smaller caseload and compliance of each party with deadlines. Appeals tend to take months or even over a year before they are finalized. A detail-oriented attorney can help you balance efficiency with thoroughness throughout your appeals process.

What Is an Expedited Appeal, and Can I Request One?

An expedited appeal is a review process that is much quicker and is available in urgent cases; however, they are rarely granted. An expedited appeal may be called for in child custody disputes that severely impact the well-being of a child. Your attorney can help you decide whether this may be relevant to your case and help you request expedited processing. Approval is at the court’s discretion.

Understand Your Appeals Timeline With a Family Law Appeals Lawyer Today

Navigating the family law appeals process alone can be difficult, as these cases are time-sensitive and highly intricate. Although timelines vary, it’s crucial to file most appeals within 60 days of a court’s decision. If you believe that a legal mistake has impacted your family law case, it’s crucial to act right away.

A dedicated family law appeals lawyer from Quinn & Dworakowski, LLP, is ready to handle your case with precision and urgency. Contact us today so that we can help you fight for a case outcome you and your family deserve.

About The Author

Stephane Quinn

Attorney Stephane Quinn is an experienced divorce and family law attorney and Certified Family Law Specialist (California Bar Board of Legal Specialization). As founding partner of Quinn & Dworakowski, LLP, he focuses on fathers' rights, complex custody cases, and high-asset divorces. Admitted to the California Bar in 2010 (SBN #278188), he has been recognized as: Super Lawyers Rising Star (Since 2017) Cum laude graduate from California State University, Long Beach Juris Doctor from Fowler School of Law in Orange Fluent in French, Attorney Quinn aggressively protects clients' rights in Orange County family courts.

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