Common Causes of a Divorce Appeal
Navigating a divorce is never an easy process, and there may be times when the court must determine the outcome of an issue, such as property distribution, alimony, or child custody in a case when spouses cannot come to an agreement on their own. However, sometimes the court errs in their decision in a divorce, and when that occurs an appeal might be necessary to rectify the outcome. At the law office of Blair H. Chan, III our experienced divorce attorney can review your case and identify any issues that may merit an appeal. To learn more, call or contact our Tampa Bay office to schedule a free consultation.
Appeals and Modifications
It is important to note that an appeal is different than a modification of a divorce decree. An appeal occurs immediately after the judgment at issue and is based on a substantive or procedural error that substantially altered the outcome of the case. A modification occurs months or years after a divorce has been finalized and is used when there has been a substantial change in circumstances for either spouse or a child that merits a change in the original agreement.
Common Reasons for Appeal
There are many different reasons why a spouse or parent may wish to appeal a divorce ruling, but certain issues are more common than others. The reasons most often cited for a Florida divorce appeal include the following:
Procedural Errors
Procedural errors can occur throughout a divorce and mostly happen when the judge misapplies the law. Common examples of procedural errors that lead to appeals include the incorrect interpretation of divorce law or an abuse of discretion by the judge in their rulings. However, it is important to remember that not every error is appealable. The procedural mistake must be so serious that it altered the outcome of the case.
Fraud or Misconduct
Fraud or misconduct on the part of a spouse or their attorney is another common cause for divorce appeals. One of the most common examples of fraud or misconduct includes making false accusations against the other spouse of domestic or sexual abuse of their partner or a child. However, fraud can also include issues with property distribution, the need for alimony, and other major issues normally litigated in a divorce.
Concealing Assets
One considerable subsection of fraud is when a spouse conceals assets during divorce proceedings. A divorce settlement can be appealed if it is discovered that a spouse hid assets in order to benefit more financially after the split. The property distribution, spousal support, and child support can all be reviewed on appeal in addition to any other civil or criminal penalties a spouse may face for concealing assets during divorce negotiations.
Let Us Help You Today
Do you have concerns about a recent divorce ruling and would like to learn more about a Florida divorce appeal? If so, the knowledgeable Tampa divorce attorneys at the law office of Blair H. Chan, III are here to help. Call the office or contact us now to schedule a free case evaluation today.
Resource:
law.cornell.edu/wex/appeal
https://www.bchanlaw.com/what-is-collaborative-paternity/
