Orlando Divorce Appeals Attorney
If a couple cannot settle the various elements of a divorce on their own, then the family court judge will hold a final hearing to settle all the issues and finalize the divorce. During this hearing, the judge will listen to testimony from the parties and witnesses and apply the laws to make final decisions.
The decision may not be final, though. If one or both parties are not satisfied with the judge’s ruling, they can file an appeal. They have the right to appeal to the District Court of Appeals.
Under Florida law, there are four reasons in which a person can file an appeal:
- Newly discovered evidence
- Legal mistake by the judge
- Concealment of assets
- Fraud
There must be clear and convincing evidence to prove any of these grounds. Just because you are not satisfied with the ruling does not mean you can appeal. Note that you cannot submit any new evidence in an appeal.
Note that there are strict deadlines for filing the paperwork for an appeal. You have just 30 days to file an appeal, so don’t delay in contacting Orlando divorce appeals attorney Steve W. Marsee. If you miss the deadline, your right to appeal will be gone forever.
The Process
After you file an appeal, here’s what will happen:
- The clerk will provide you with a copy of the official record of your appeal case.
- You must direct the court reporter to draft and issue a copy of the transcript of your case within 10 days of filing the appeal.
- Your divorce attorney must prepare an appellate brief on the opposing party and the court within 70 days.
The appellate brief will present your arguments. The opposing party will be able to respond. Each party will then be able to make oral arguments before the District Court of Appeals. The court will then review your case and make a decision.
One of three things can happen. The appellate court may:
- Overturn the trial court’s ruling
- Determine that the ruling was properly made
- Allow the trial court to issue a new ruling
The appeals court will review the case and determine if the trial court made any errors when making the decisions. It will also determine whether the trial court was correct in deciding the facts of the case.
Keep in mind that the divorce appeals process in Florida can take many months. There are very strict rules involved and the process can be complicated. Do not attempt to handle an appeal on your own. Make sure you have an experienced divorce appeals lawyer on your side.
Contact Us Today
While you can file a divorce appeal if you disagree with the judge, keep in mind that it is a lengthy and costly matter. Appeals are also complex; you will need a lawyer.
Orlando divorce appeals attorney Steve W. Marsee, P.A. Attorney at Law is ready to take on your case. We’ll ensure all deadlines are met and work aggressively to help you get the best outcome. Schedule a consultation today. Call our office at 407-521-7171 or fill out the online form.
