The term decision is the judge’s "findings in fact" and "conclusions of law," which forms the factual and legal appearance that a property division is not equal, the belief that a judgment is not somehow "fair" -- all are often not good reasons to appeal.

In divorce actions, successful appeals are the exception unless the lower court made substantive errors in the party, appeals are unsuccessful because a mistake is considered a harmless error.

According to one source, gender may be more important in determining the success of an appeal of a divorce case: In Massachusetts, 80 percent of the appeals brought by husbands failed and 80 percent of the appeals by wives prevailed.

Appeals are very expensive, and the decision to launch an appeal requires careful consideration. In general, the appealability of an equitable property distribution may turn on a number of considerations.

These include a bifurcated divorce, the failure to distribute all property and waivers. In bifurcated actions -- where the divorce and property settlement are separate proceedings -- the action is not appealable. A failure to distribute all property may be grounds for an appeal. In general, a party who accepts the benefits of a judgment waives the right of appeal.

Many states hold by rule that a party who accepts the benefits of a judgment loses the right of appeal. This rule is intended to prevent a situation where an appeals court would waiver of the right of appeal"; and that "[t]he payment of a judgment moots the dispute."

Some courts, however, permit appeals even when a basis of the appeal," 6) when "[t]he aspect of the judgment being appealed is independent and separable from the part that was accepted," 7) when the appeal could have no affect on the benefits accepted.

An appeal based on a trivial mistake -- a harmless error -- is probably ill considered.

Appeals courts may simply modify a judgment, "with little or no discussion" of how the action or retrial.

Other events that may happen during an appeal include the death of a spouse. Each of these may have a bearing on the appeal.

See also Decision and Judgment; Remand.