Can I Appeal My Divorce Ruling?
In a contested divorce, there may be many issues that go to court in order to get resolved. The judge may issue a ruling that you do not agree with because you believe that your spouse committed fraud or that the judge improperly ruled on the issue. If you believe that you received an erroneous ruling in your divorce case, you have the option to appeal the decision. At the law office of Blair H. Chan, III in Tampa Bay, our office has represented many clients in the appellate process after a divorce decision that we believe was not made accurately. If you would like to speak with us about your options for an appeal, call or contact us today to schedule a free consultation.
Options for Appealing Your Ruling
There are many options when it comes to appealing a ruling in your divorce case. It is important to note that you cannot appeal a ruling until it has been made final by the court, and in many cases you only have a small window in which to file an appeal. The first option is to file a Motion for Rehearing immediately after the decision has been rendered. These motions are not always approved, and the judge has the right to deny the request. The second option is to file a Notice of Exception to the Report and Recommendation of a General Magistrate, if your case was heard by a general magistrate. If this notice is approved, your case will be heard by a circuit court judge.
If you believe that your judge may an incorrect ruling based on the law, you have the right to file a Motion for Appeal within thirty days of the ruling. This elevates the issue to the District Court of Appeals, and the appellate justices will hear oral arguments as well as read a written brief on the issue. However, an appeal works differently than a trial and it is important that your attorney explain the differences. For example, no new evidence is allowed at an appeal, nor are new witnesses allowed to testify.
If it has been longer than thirty days since the ruling on your divorce matter, you can file a Motion for Relief from Judgment. This motion is allowed when you can show that the original ruling was made because of fraud on the part of your former spouse during the original trial. Examples of fraud can include hiding assets, lying about income, false testimony about abuse, and other fraudulent behavior that led the court to rule in their favor. To learn more about your appeals options, talk to an experienced Florida divorce attorney today.
Let Us Help You Today
At the law office of Blair H. Chan, III, our team of Tampa family attorneys understands how frustrating it can be when the court gets it wrong in your divorce case. Call the office or contact us today to schedule a free consultation and discuss your options for appeal.