Jupiter Divorce Appeal Lawyer
When a divorce case goes through the court system, a judge will be tasked with either approving a couple’s settlement agreement, or with ruling on issues like property division, child custody, and alimony. Once these decisions have been made and the divorce is finalized, the decree becomes legally binding, which means that the parties must comply with its terms or risk serious sanctions. Parties do, however, have the chance to appeal the order if they disagree with its terms. Doing so requires compliance with strict requirements, so if you disagree with your divorce decree, you should consider reaching out to an experienced Jupiter divorce appeal lawyer before you move forward.
During a divorce, couples who are unable to reach an agreement on issues, like asset division, alimony, child custody, or child support will end up having to leave the resolution of these matters up to a judge. The court will ultimately make decisions based on the evidence presented by the parties, including each spouse’s financial situations. Judges can, however, make mistakes or come to a decision that isn’t satisfying to one or both parties. In these cases, the parties have the option of filing an appeal.
The Appeals Process
Although divorce decrees are considered legally binding, it is possible to appeal, and possibly change their terms. However, the person requesting the appeal must have a legitimate reason for doing so. Simply disagreeing with a judge isn’t enough to satisfy this requirement. Instead, the appellant will need to provide evidence of one of the following:
- The concealment of marital assets by one spouse;
- Newly discovered facts that are crucial to the divorce;
- Fraud committed by one spouse; or
- A legal mistake made by the judge.
If one or more of these requirements is satisfied, then the appellant must file an appeal with the appeals court within 30 days of the trial judge’s decision. This case will go before a different judge than the trial judge who oversaw the original case and will be decided based on the appellate briefs submitted and the oral arguments presented by the parties. It’s also important to note that the parties will be limited to using the evidence that was presented at the earlier trial and for the most part, won’t be allowed to introduce new evidence or testimony. After reviewing the evidence, an appeals court has a few different options, including:
- Overturning the lower court’s ruling;
- Affirming the lower court’s ruling; or
- Forwarding the case to the trial court, who is ordered to issue a new ruling based on the appellate court’s opinion.
Whatever the appellate court decides will be considered binding on the parties involved.
Set Up a Meeting with a Jupiter Divorce Appeal Lawyer
If you were recently divorced and are thinking about appealing your judgment, you should consider discussing your options with an experienced Jupiter divorce appeal lawyer. Dedicated Florida family lawyer Caroline Olson, P.A. can help you navigate the complexities of the divorce appeals process. Call 561-288-0548 to schedule a free consultation with our legal team today.