Appeals in Divorce Proceedings
The Miami divorce lawyers at the Law Offices of Sandy T. Fox, P.A., can assist individuals in many South Florida cities with a broad range of matters related to separation and divorce. We focus exclusively on this area of the law and have been protecting the interests of our neighbors since 2005. Many of the cases that we handle involve couples with a high net worth, which often raise unique and significant questions for the spouses involved. Sandy T. Fox is a Florida Bar Board Certified specialist in Marital & Family Law. Our family law attorneys are well respected in the local and legal communities for their skill, experience, and dedication to clients.How to Appeal a Ruling in a Divorce Proceeding
The legal system gives considerable power to judges, but this does not mean that the courts always get it right the first time around. One of the most important legal tools available to parties in a divorce or other case in Florida is the right to an appeal. The appellate process often gives a person the opportunity to make his or her case to a panel of judges on significant issues, including those related to property distribution, child custody, and child and spousal support.
On the other hand, just because someone does not like a judge’s decision does not mean that this person has a viable basis for an appeal. Instead, the best shot at getting an appellate court to undo a decision is to show that it was based on either a legal error or an abuse of the trial court’s fairly broad discretion. Newly discovered evidence or fraud by the opposing party may additionally be grounds for appealing a decision.
It is also vital to understand that you generally only have 30 days to file an appeal once a ruling is made. Because of the tight timeline and the significant cost that can come with pursuing an appeal, it is important to weigh your options with the advice and counsel of an experienced divorce lawyer.
The type of appeal that may be appropriate depends on the type of ruling that you want to challenge. It may begin with a motion for rehearing once a judge renders his or her decision and then extend to a full-blown appeal, which is generally heard by a separate panel of appellate judges. A motion to set aside a judgement is also an option in cases in which the 30-day appeal window has closed.Protect Your Rights by Consulting a Divorce Lawyer in Miami
At the Law Offices of Sandy T. Fox, P.A., our Miami divorce attorneys have been representing clients at trial and on appeals in divorce cases since 2005. Our lawyers make every effort to help spouses efficiently resolve some or all of the issues in their cases through settlement and mediation. We also are prepared to take cases through trial and pursue them at the appellate level when necessary. If you are considering filing for a divorce, contact the Law Offices of Sandy T. Fox, P.A. Our family law lawyers are available to work directly with individuals throughout South Florida, including in Aventura, Hollywood, and other cities in Miami-Dade and Broward Counties. Contact us online or call (800) 596-0579 to schedule a confidential consultation.