When litigating family law cases in Indiana, parties often wonder when they can appeal a decision. The complexity of domestic relations cases—covering custody, child support, divorce, and protective orders—means that litigation is often an ongoing, indefinite process. However, appeals can only be pursued at specific procedural junctures.
The Indiana Rules of Appellate Procedure dictate that only final judgments and specific types of interlocutory orders are appealable. Understanding what constitutes a final, appealable order in a domestic relations case is essential to ensuring that appellate rights are preserved while avoiding the premature filing of an appeal that could be dismissed.
In this post, we’ll define what makes an order final under Indiana law, examine when interlocutory appeals may be allowed, and explore common pitfalls that arise in family law appellate practice. So, what is considered a final appealable order in Indiana?
Under Indiana Rule of Appellate Procedure 2(H), a final judgment is an order that:
- Disposes of all claims to all parties, effectively ending the case, OR
- Is explicitly certified as final under Indiana Trial Rule 54(B), meaning that even if other claims remain pending, the trial court determines that no just reason exists to delay an appeal.
In family law cases, determining whether an order is final can be complicated because these cases often involve multiple, ongoing legal issues, especially where custody, support, and property division remain fluid.
Examples of Final, Appealable Orders in Indiana Family Law Cases
- A final divorce decree resolving all issues, including child custody, parenting time, child support, property division, and spousal maintenance.
- A paternity judgment establishing parentage and fully addressing custody, support, and parenting time.
- A final custody modification order granting or denying a parent’s petition to change custody.
- A child support modification order that fully resolves all pending support issues for the foreseeable future.
- A protective order ruling that either grants or denies the petition on a permanent basis.
In these situations, the trial court has fully and finally decided all pending claims, leaving nothing further to be adjudicated.
What is NOT a Final, Appealable Order?
Certain rulings in domestic cases do not constitute a final judgment and cannot be immediately appealed, including:
- Temporary Orders: Indiana courts issue temporary orders in divorce and custody cases to address parenting time, financial obligations, or property use while the case is pending. These orders are not appealable because they do not resolve the case in full.
- Provisional Child Custody or Support Orders: If a trial court issues a temporary child support order while awaiting a full hearing, it is not final and cannot be appealed until the court issues a conclusive ruling.
- Discovery Rulings: Decisions regarding the admission or exclusion of evidence before trial are generally not immediately appealable unless they result in an interlocutory appeal (discussed below).
- Orders That Leave Issues Pending: If a court grants a partial ruling in a divorce case but leaves the division of property unresolved, the decision is not yet final and cannot be appealed until all matters are settled.
Interlocutory Appeals: Appealing Before the Case is Over
While final judgments are the most common basis for appeal, Indiana law does permit interlocutory appeals in certain situations. These appeals occur before a case concludes and must meet strict criteria under Indiana Rule of Appellate Procedure 14. Because interlocutory appeals disrupt the trial court's proceedings, appellate courts rarely grant them unless the issue is truly urgent.
Understanding when an order is final and appealable can be tricky in domestic cases, leading to common mistakes that can delay or derail an appeal.
- Premature Appeals
Filing an appeal before an order is truly final will result in dismissal for lack of jurisdiction. If any issue remains pending, the appellate court will likely refuse to hear the case. This often happens in divorce cases where one party appeals a custody order, but property division is still unresolved.
- Failing to Request Certification of a Partial Judgment
If an order is not final but involves a critical issue, the proper approach is to request certification under Trial Rule 54(B). Failure to do so means the appellate court cannot review the issue until the case is fully resolved.
- Missing Deadlines
Indiana law requires that notices of appeal be filed within 30 days of a final order. Failing to timely file the notice can result in losing the right to appeal.
- Assuming an Interlocutory Order Can Be Appealed Without Certification
Not all pre-trial rulings are immediately appealable. If an interlocutory order does not fall under Rule 14(A)’s automatic appeal categories, it must be certified for appeal. Failing to obtain certification will result in the dismissal of the appeal.
Key Takeaways for Indiana Family Law Appeals
- Final Orders that resolve all issues in a case can be appealed as a matter of right.
- Interlocutory Orders can only be appealed in specific circumstances, either automatically under Rule 14(A) or with court certification under Rule 14(B).
- Premature appeals of temporary or incomplete rulings will be dismissed.
- Timing is crucial—missing the 30-day deadline for a final appeal can forfeit appellate rights.
The Indiana appellate process ensures that trial court decisions are reviewed when appropriate, but only final orders or properly certified interlocutory orders are appealable. In domestic relations cases, where litigation is often an ongoing and indefinite process, distinguishing between final and non-final orders is critical to preserving appellate rights.
If you are considering an appeal in an Indiana family law case, consulting with an experienced appellate attorney is essential to avoid procedural pitfalls and ensure that the appeal is properly filed. Knowing what, when, and how to appeal can make the difference between securing appellate review or having an appeal dismissed before it is even heard.
Individuals considering an appeal in their family law or domestic relations case should turn to Ciyou & Associates, P.C., a firm with a proven track record of success in Indiana appellate law. Our attorneys have extensive experience navigating the complexities of appeals, ensuring that every case is meticulously analyzed and strategically presented to maximize the chances of a favorable outcome. We understand the nuances of appellate procedure, from identifying the strongest legal arguments to crafting persuasive briefs and delivering compelling oral arguments. With a reputation for excellence and a history of securing results for our clients, Ciyou & Associates, P.C. is the firm you want advocating for your rights at the appellate level. If you are considering an appeal, let our experience and dedication work for you.
This blog is not intended to serve as legal advice. It is an advertisement.
