A divorce can complicate your life as you sort out the end of a marriage and manage your emotions. Unfortunately, the process of divorce may end in a final judgment that you do not agree with or that treats you unfairly in comparison to your ex-spouse.
Appealing this judgment could help you get a more beneficial outcome, and a Fort Lauderdale divorce appeals lawyer can coordinate your appeal. By making sure that your appeal has proper grounds and that the appeal is appropriately filed, your skilled divorce attorney can look out for your interests and try to get you a better result.
What a Divorce Appeal Might Change
The end of a divorce process can see a final order that lays out the new legal relationship between two former spouses. Beyond simply ending a marriage, a divorce order can require spouses to provide alimony (also known as spousal support), child support, and coordination over educating and caring for children in terms of custody arrangements.
Of course, a divorce order also designates how the formerly married couple’s property and assets are divided between the two—often a point of contention over what distribution is fair to each spouse. Among the other areas covered by a final judgment, this split of property could be the subject of an appeal.
Justifying the Appeal
An appeal will need to show why the final order of the court is incorrect enough to justify overturning or changing it, rather than just being an order with which you disagree. There must be some error, such as in how the judge applied the law, or previously unknown information (like hidden assets or fraudulent activity) that you can demonstrate when filing your appeal.
Your attorney from the divorce proceedings can look into filing an appeal with a higher court, or you can find new counsel to make your appeal. In either case, making sure you have a divorce appeals attorney in Fort Lauderdale can help you preserve the opportunity to set things right by appealing an unfair or inaccurate final judgment.
Appealing Your Divorce Judgment
The first step after a final judgment is rendered will be evaluating if there is an appealable issue. Your attorney may have noted an error earlier in the proceedings that affected the final order, or you might have a sense that the order is so unfair that something had to have been done improperly along the way.
Consulting with a divorce appeals attorney allows you to identify such an error quickly as they review your case. Moving quickly after a final judgment is rendered by the court can make all the difference, as an appeal must follow strict procedural rules in order to be heard by the appellate court.
For example, an appeal begins with filing a notice of appeal with the court that made the final order, and that notice must be filed within 30 days under Florida’s Rule of Appellate Procedure 9.040. Your attorney will also need to request a transcript and file a brief in accordance with the rules to make the appeal.
Unlike a trial, an appeal will consist of your brief against any brief filed by your ex-spouse, with only limited opportunity for oral argument before the appellate court makes a decision. Your divorce appeals attorney will need to craft your brief carefully in order to explain why the court should overturn or modify the lower court’s order, since that brief will make up the bulk of the appeal.
Discuss Your Divorce Appeals with a Fort Lauderdale Lawyer Today
The immediate aftermath of a final divorce order against you may feel disheartening, but you should look to make your appeal as soon as you can. With a Fort Lauderdale divorce appeals lawyer on your side, you can get an appeal started fast enough for it to be considered by the appellate court.
At The Florida Probate & Family Law Firm, our family attorneys can see if an appeal is possible based on the prior proceedings and can walk you through your potential appeal. Call our offices to schedule a free case evaluation today.