Divorce Appeal Lawyers
Divorces can be physically and emotionally draining. You are legally separating ties with your life partner and splitting the hard-earned income and assets you have acquired throughout the marriage. You expect and deserve an equitable share. When a divorce ruling conflicts with that, or if it fails to meet the standards of Florida divorce law, you have the right and privilege to appeal.
Divorce Appeal Attorneys in Florida
Divorce appeals are far from easy within the state of Florida. The type of court that hears your case and the time of your court decision often governs the options that are available to you. Before considering a divorce appeal, you should
- Make sure that you have a compelling reason, and
- Contact a trustworthy divorce attorney to help you file an appeal the right way.
Reasons to Appeal a Divorce Ruling
Before deciding to appeal the settlements of a divorce ruling, you need to first ensure that you have a compelling and legitimate reason for doing so. You cannot appeal a judge’s decision off of the basis of being dissatisfied with the ruling. Common reasons to appeal a divorce settlement includes:
- An error on the judge’s part
- Release of new evidence and information
- Fraudulent claims by your spouse
Appealing a divorce ruling can be very difficult. Trial judges are perceived as honorable authorities within the legal field. They are expected to what is right. Therefore, you must prepare your documents and evidence to prove that your divorce ruling was unsound. This can be extremely difficult, but an experienced divorce attorney can help you achieve success during this tedious process.
Common Divorce Appeals in Florida
There are many ways to pursue a divorce appeal in the state of Florida. An experienced divorce attorney that is well-versed in Florida divorce law can help you select the most suitable route for your unique situation.
Notice of Exception to the Report and Recommendation of a General Magistrate
In order to file a “Notice of Exception to the Report and Recommendation of a General Magistrate,” your divorce ruling must have been established by a general magistrate. Ten days after you receive the magistrate’s decision, it is your responsibility to file this objection. You will then have your case referred to a Circuit Court Judge for approval or denial. If your case is approved, a scheduled hearing will be arranged. During this hearing, you are permitted to use evidence and facts to prove your claim.
Motion for Rehearing
A “Motion for Rehearing” is a request to redo the hearing with hopes of a different outcome. You can only file a “Motion for Rehearing” if your case is determined in a divorce court. Immediately following the release of the court’s decision, you are required to file this motion. You must have an adequate reason for doing so. Otherwise, the judge may decline your motion for a rehearing.
Appeals can be filed within 30 days after your divorce decisions have been issued. You will submit a standard appeal to the District Court of Appeals. While appeals are very common, they are also much more difficult as any forms of evidence are disallowed. Instead, your appeal must show that the judge made a legal error. You must prove that the court’s order did not align with the demands and limits of divorce law in Florida. It is advisable to contact an experienced divorce attorney to help you with the overall process. It can be extremely technical and complex.
Motion for Relief from Judgement
If it has been a month or longer since your court-issued order, you may wish to file a “Motion for Relief from Judgement.” While these motions are often denied, there are factors that allow these motions to be approved. In most cases, it involves fraudulent activity of a spouse. For example, a spouse may hide or lie about certain assets making equitable distribution unachievable. Marital asset distribution attorneys can help you perform investigations, value high assets properly and ensure that marital funds are distributed fairly.
Win Your Appeal with a Qualified Divorce Attorney
No matter what route you may have to take to appeal your divorce ruling, you may experience many hurdles and frustration. Court systems do not like to revisit decisions. As a result, you may be given a difficult, even tedious time.
In order to win your appeal, you need a qualified divorce attorney to assist you with:
- Understanding legal jargon, Florida divorce law, complex contracts and assets
- Negotiation and advocacy in courts
- Thorough investigations and evidence gathering
- Filing paperwork and supporting documents properly and in a timely manner
- Determining what you are owed
- Ensuring that you obtain a fair, favorable outcome
Not only can an experienced divorce attorney help you win your appeal, but we can make the overall process less tedious and more convenient.
Divorce Attorneys in Gainesville, FL
During a divorce, you have rights, property and dignity that must be protected. Divorce appeals in Florida are far from easy, even discouraging. At the Law Office of Silverman, Mack & Associates, our experienced and reliable divorce attorneys are well-versed in divorce law and litigation. Proudly serving Gainesville, FL, and the surrounding areas for many years, our trustworthy family lawyers will do everything we can to make your appeal a success.
Contact us today for a free initial consultation.