What is the Divorce Appeals Process in Florida?
Oftentimes in divorce cases, one person disagrees with the decisions that were ruled on their divorce case because they believe their former spouse committed some type of fraud during the case, or they believe the judge didn’t follow the divorce law properly. In instances like these, an appeal might be the best option. In the state of Florida, there are several options available to those who wish to go through the appeal process to try for a rehearing. Below are four ways you can begin the appeal process after your divorce case.
Options for Appeals
1. Your first option is to file a “Motion for Rehearing” if your case was heard by a divorce court. This motion does not mean you are guaranteed a rehearing as the judge can deny the request. It is important to note that your chances of success are higher if the motion is filed right after the divorce court makes a decision on your divorce case.
2. Your second option is to file a “Notice of Exception to the Report and Recommendation of a General Magistrate” within 10 days of the decision, if your case was heard by a general magistrate. After this filing, if successful, your case will be heard by a Circuit Court Judge.
3. If you believe your judge didn’t follow the divorce law, you can file a standard appeal to the District Court of Appeals within 30 days of your court order. You must show how the judge didn’t follow the divorce law, and you cannot present new divorce evidence for your case.
4. You can file a “Motion for Relief from Judgment” if it has been more than 30 days since your hearing. Most of the successful outcomes of this filing occurred because the person showed proof that the former spouse committed fraud during the divorce case. In this instance, fraud would reveal itself in lying about income, assets, or other evidence in the divorce case.
It is always advisable to seek the help of an experienced divorce attorney as divorce cases are tricky to navigate solo. Things get even more complicated when trying to file an appeal. Call us today to request a consultation.