If you have received a divorce decree that you believe is not in accordance with the law, you have the right to appeal the decision within 30 days of the judge’s ruling. Your appeal must be based upon legal errors that were made by the judge, such as a procedural mistake or an incorrect ruling in an evidentiary matter. It is possible the judge misinterpreted Florida law or the judgment that was issued does not comply with Florida law. One of our experienced family law attorneys can review your unique situation and help you understand if the issues is within the divorce appeal process.
It is important to understand that appealing a divorce judgment is not simple. You must prove that the presiding judge ignored evidence, the law, or abused his or her discretion. For example, if the judge has a personal relationship with one of the divorcing parties and was not able to act impartially or there was a lack of requisite findings of fact to support the decision.
It should also be noted that appealing a divorce judgment can be expensive. You will be required to pay for a court reporter, the cost to obtain the transcript of your divorce proceeding and other similar costs. The transcript provides the appellate court with everything that was said during the hearings and/or trial. It is your most valuable piece of evidence in supporting your claim that the judge failed to properly follow Florida law.
Your attorney will thoroughly review the transcript and develop the arguments supporting your appeal in an appellate brief. Any supporting documentation and records will also be provided to the appellate court. If the appellate court determines that the judge made a legal error, your case will be remanded to the trial court and set for a new trial.
If you are considering filing an appeal of the divorce decree entered in your case, it is important to act quickly. Again, you only have 30 days to bring the appeal. Let us review your circumstances and help you determine whether filing an appeal is the right course of action for you.