Few people know that they can appeal after a divorce is finalized. In some cases, the court's ruling may feel unfair. In such cases, you should consult a divorce attorney to determine your chances of filing an appeal. Here are some basic facts regarding divorces.
How Long Do You Have to Appeal?
After the court rules on your divorce, you have 30-45 days to file a notice of appeal. Appeal procedures vary depending on your jurisdiction. The notice of appeal is filed to inform the trial court that you will be filing an appeal.
The notice of appeal should state your reasons for an appeal. You should also obtain a verbatim trial transcript. All paperwork involved in the trial, including pleadings, documents, and evidence, should be filed with the appeal. You also have to file the appellate documents in groups. Start with an original and four copies to the appellate court, adversary, trial court, and attorneys.
What Are the Grounds for Appealing Your Divorce?
There are several grounds for appealing your divorce. First, you can appeal your divorce based on deceit. For example, if your spouse did not reveal crucial information like the existence of a valuable asset, you can file an appeal.
Another ground for appealing is undue influence or coercion. This occurs when one spouse threatens or coerces the other to agree to a settlement agreement. You can also file an appeal for mistaken negotiations. For instance, if the court makes a mistake about a crucial fact in the negotiations, this could affect the outcome of the divorce.
What Is Modifying a Divorce Settlement?
The modification of a divorce settlement is meant to change parts of the divorce decree. This is different from an appeal since only a few provisions of the final decree are changed. To modify a divorce settlement, you need to prove that there are substantial changes in circumstances.
For example, if your divorce settlement involves a custody arrangement, you can appeal to modify the settlement. If you discover that your ex-spouse is irresponsible or involved in activities that put your child at risk, you can have the custody arrangement modified. Unlike an appeal, there is no set period for filing a modification for a divorce settlement.
Divorces can be lengthy and very expensive. Sometimes, even the ruling the court delivers is not satisfactory. Divorce decrees are not final; you can file an appeal or modify some terms of the ruling. Your divorce lawyer will advise you whether you have sufficient grounds for filing an appeal or modifying the settlement.
For more information, contact a local divorce lawyer.Share