When Can You Appeal a Divorce Settlement?
You cannot appeal a divorce settlement just because you are unhappy with the outcome. Appeals must be based on legal errors or misconduct. Common reasons to challenge a settlement include:
- Legal mistakes: If the judge misapplied the law, you may have grounds for an appeal.
- Fraud or hidden assets: If your ex-spouse lied about finances or hid assets, the court may reconsider the settlement.
- Coercion or duress: If you were pressured, threatened, or forced into signing the agreement, it may not be valid.
- Lack of proper notice: If you did not receive legal notifications about hearings or decisions, you may have a case for appeal.
An appeal is not a new trial. Instead, an appellate court reviews the original case to determine if mistakes were made. If the court finds errors, it may modify the settlement or order a new hearing.
How to File an Appeal
Appealing a divorce settlement requires quick action. In Florida, you generally have 30 days from the final judgment to file an appeal. The process includes several steps, all of which must be handled properly. This is why it’s so important to speak to an attorney.
Can You Modify a Settlement Instead of Appealing?
If you do not have legal grounds for an appeal, you may be able to request a modification instead. In Florida, courts allow modifications for:
- Changes in financial circumstances: If you lost your job or experienced a major income change, you may request a modification of alimony or child support.
- Child custody concerns: If your ex-spouse’s behavior negatively affects your child’s well-being, you may ask the court to modify custody.
- New evidence of fraud:If you discover hidden assets or dishonesty after the divorce, you may be able to reopen the case.
Unlike appeals, modifications focus on changes that happen after the divorce is final.
Should You Hire an Attorney?
The appeals process is complex. Mistakes can lead to delays or even dismissal of your case. An experienced attorney can review your settlement, identify legal errors, and guide you through the process. If an appeal is not an option, a lawyer can help you pursue a modification instead.
Contact the Geller Law Firm
If you believe your divorce settlement was unfair, you may have legal options. Contact the Geller Law Firm to discuss your case and explore your next steps. We can help you determine the best course of action to protect your rights and your future.
