4 Options To File An Appeal After A Florida Divorce Is Final
It is not uncommon for one or both spouses to disagree with the judge’s decision regarding divorce. Most often, when one party believes that their ex-spouse committed fraud or the judge made an error when issuing a decision, they can appeal the divorce judgment in Florida.
However, the appeals process is very complicated, which is why it is advisable to consult with an Orlando divorce lawyer before pursuing any type of appeal in your divorce case in Florida.
4 Options to Appeal a Divorce Judgment in Florida
Once the divorce case is resolved, and the judge issues a final judgment, either party can appeal the divorce judgment.
Florida law recognizes four types of appeals that depend on where the divorce case was heard. It is vital to choose the appropriate type of appeal because each of them involves different requirements, procedures, and possible outcomes.
Regardless of what appeal option you choose, it is essential to act quickly because you will have limited time to appeal the divorce judgment. Let’s review the four types of divorce appeals in Florida:
- Exception to the Report of a General Magistrate. If your divorce case was heard by a general magistrate, the court-appointed attorney who administers oaths and conducts hearings, you could file for exceptions to the report if you do not agree with the magistrate’s findings.
- Motion for Rehearing. If a circuit court judge issued a judgment in your divorce case, you could file a Motion for Rehearing. As its name implies, the motion allows you to request to have your divorce case reheard. The judge who heard your case will need to either approve or deny the motion.
- File an Appeal. You can also file an appeal if you believe that the judge who issued the judgment did not uphold the law. The district court of appeals will hear your appeals case to analyze whether or not the judge’s decision is unjust or is otherwise a deviation from the established law. Typically, parties have 30 days to request an appeal.
- File a Motion for Relief. The fourth option is filing a Motion for Relief, which asks the court to set aside the divorce judgment. You may file the motion when you can no longer file an appeal because more than 30 days have passed since the divorce became final.
It is essential to consult with a knowledgeable lawyer to determine if you have grounds to appeal your case and choose the right option to file an appeal.
Consult with an Orlando Divorce Lawyer
In Florida, parties to a divorce have a right to file an appeal for any reason. However, since the appeals process can be time-consuming, costly, and not guarantee a positive outcome, it is advised to consult with a lawyer prior to filing an appeal in Florida.
Our Orlando divorce lawyers at Donna Hung Law Group can guide you through the appeals process to protect your rights and advise you on your options. Call 407-999-0099 to get a consultation.
