Appealing A Florida Divorce

In Florida, the person appealing the decision must be able to show that a mistake was made or that fraudulent activity occurred during the original hearing. For example, if your spouse hid or lied about assets or income this could affect alimony or back child support calculations and would be a good reason for appealing the decision.

There are 4 types of appeals in Florida family law divorce, custody or support decisions:

1. If a General Magistrate heard your case, you can file a “Notice of Exception to the Report and Recommendation of a General Magistrate.” When you file this objection, your case will be scheduled for a hearing by a Circuit Court Judge. You must file your objection within 10 days of the magistrate’s decision.

2. If your case was determined by a divorce court, you can file a “Motion for Rehearing.” A Motion for Rehearing must be filed immediately after the original decision is handed down and the judge can decline your request for a rehearing.

3. The standard appeal process which is filed within 30 days of the original date of the court order.

4. An appeal can also be processed after the 30 days as well.

How Long Does An Appeal Take In Florida?

A standard appeal to the District Court of Appeals can be filed within 30 days of the original court order. In this sort of appeal you must show that the trial court judge did not properly follow divorce law. You cannot show any new evidence.

If more than 30 days has passed since the court order was handed down, your only recourse is a “Motion for Relief from Judgment.” This is a very difficult form of appeal to succeed at and often requires proof that fraud was perpetrated against the court by your former spouse, i.e. they lied about assets or income.

In all these types of cases, you cannot appeal a decision simply because you didn’t like a judge’s decision. You must be able to show that some sort of wrongdoing or error occurred. It can be a legal mistake by the judge or concealment of facts or assets by your spouse. If newly discovered facts could alter a judgment, that could be grounds for an appeal also. Whatever your grounds for appeal, the burden of proof is on you and your lawyer. Florida law requires that benefit of the doubt be given to the original judgment.

Can A Divorce Be Reversed In Florida?

There is no option in Florida law to reverse or cancel a completed divorce.

But if the divorce process has not been finalized then there are rules set in place to stop the divorce process without much difficulty by simply filing a Notice of Voluntary Dismissal.

With locations in Cape Coral, Naples and Fort Myers Florida, our attorneys will be glad to talk with you about your family law case. Schedule a consultation with an experienced Florida divorce lawyer on our Consults page.

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