There are few life events more time-consuming and traumatic than a divorce. While it’s possible that a couple will agree to the terms of the divorce (which is called an “uncontested” divorce), the vast majority of spouses will have conflict in at least one area. This is especially likely if the couple has minor children or large assets to be divided.
If a couple cannot come to an agreement on the terms of their divorce, a judge will look at the filings and prescribe their own course of action. This trial is held without a jury, and the judge has a certain amount of discretion to award support payments, custody and asset division. If either or both of the spouses are unhappy with the outcome, however, they can request to appeal the divorce decree.
If your divorce decree was less than fair, consult a divorce attorney in Miami, FL today. Exploring your options will allow you to decide whether an appeal is worth the time and expense.
Types of Florida divorce appeals
There are several different types of appeals that you can file. Depending on where your case was filed, one type of appeal will be better for your case:
- Notice of exception to the report and recommendation of general magistrate:
If your case was heard in front of a general magistrate, this appeal will be for you. A magistrate is an attorney who has been appointed by a judge to take testimony and make rulings. Assuming the judge finds no error, the rulings are usually accepted.
- Motion for rehearing:
These motions are for cases which were heard in front of a circuit court judge, and will usually be granted or denied by the same judge who heard your case originally. Granting this motion is the first step in the appeals process, and does not necessarily mean the judge agrees to rehear your case.
- Traditional appeal:
This type of appeal is more like what you’ve seen in media and in the news. A Florida traditional appeal is heard by the Court of Appeals, and solely concerns errors of law. That means you can’t introduce new evidence or litigate new issues. If you win the appeal, you may have to go back to court to retry your entire case.
- Motion for relief from judgment:
This type of appeal is the only option after 30 days have passed since your initial divorce decree. In this case, you can offer new evidence that has come to light, such as hidden assets.
Divorce attorneys in Miami, FL
If you need an experienced divorce and custody lawyer in Miami, FL, contact the team at the Law Offices of Granoff & Kessler. We are here to help you through every aspect of the divorce and custody legal process. Our team of experienced attorneys is here to assist you with straightforward legal advice and passionate advocacy. You can get started with an appointment by giving our office a call—we look forward to meeting to discuss the particulars of your case.
Categorized in: Divorce