The outcome of divorce can be life-changing, and not always for the better. If you feel you have been treated unfairly by the courts, it can be especially hard to accept the result of the judge’s decisions regarding child support, property division, and other issues in your case.
Under Florida law, you have the opportunity to appeal your divorce decree. If you believe your case was decided in error, a skilled divorce attorney could coordinate your appeal. Call our law firm and let a Florida divorce appeals lawyer protect your interests and pursue a better result.
Understanding Divorce Appeals
The outcome of a divorce trial is a final decree, which means that the order issued by the court will remain in place—potentially forever. However, there is an opportunity to challenge the terms of these orders through the appeals process.
A lot can change thanks to a divorce appeal. A higher court could radically alter the terms of the order, including changing the arrangement for child custody and other issues commonly addressed in divorce decrees.
The courts will not hear an appeal simply because you are unhappy with the result. The purpose of this process is to correct orders made at the trial level. To be successful, you must show that the final divorce decree includes some kind of error. This might be a mistake related to how the proceedings took place, or it could involve allegations that the judge deviated too far from the suggested child support guidelines without good reason. An appeal cannot succeed without evidence of some kind of error.
The support of a Florida attorney during the divorce appeals process can make a tremendous difference in the outcome of your case. They can answer your questions about the process and ensure you are treated fairly in appellate court.
How Does a Divorce Appeal Work in Florida?
Before you can file a divorce appeal, your Florida attorney will first need to identify whether or not there was an appealable error. This involves a review of the transcript from your divorce trial, which is one of the most important parts of any appeal. The higher courts will not hear new evidence, instead basing their decision entirely on the transcript and exhibits from the original trial.
This means an attorney will need to order a copy of the trial transcript immediately after the decision is entered. Within 30 days of being notified of the outcome of the divorce, your lawyer will need to file a Notice of Appeal with the trial court. This deadline is strictly enforced, although they could ask for relief from the courts to file after the time limit expires.
Filing the Appeals Brief
After filing the notice of appeal, an attorney has 70 days to file the brief, which includes all of the arguments to the court why an issue from the trial court must be overturned. The arguments made in the brief will also refer to the transcript, and they must highlight specific mistakes made by the judge that could have altered the outcome of the case. With all of the legal deadlines in these cases, it is vital to have the support of strong legal counsel. Our team can ensure you file your appeal in time.
Talk to a Florida Divorce Appeals Attorney Right Away
Before you attempt to challenge your divorce decree on your own, consider discussing your options with a Florida divorce appeals lawyer. You might be surprised at the grounds that could result in having your divorce decree overturned. Reach out to The Florida Probate & Family Law Firm today, as a consultation with a member of our team could provide you with the answers you need.