10 Questions to Ask When Deciding to Appeal a Divorce Case

If you feel as though your divorce was handled unfairly, there are opportunities to appeal. However, it can be difficult to determine whether to appeal a divorce case. Divorces can be expensive and they can be time-consuming, and you will need to weigh the costs and benefits of each decision. Sometimes it may be better to simply walk away, but other times you need to fight for your possessions and your rights. You can find out more by contacting the men-only family attorneys at Kenny Leigh and Associates. Kenny Leigh and Associates has 6 offices serving Jacksonville, Gainesville, Fleming Island, Daytona and Boca Raton, and Fort Walton Beach in both the North Florida and South Florida areas. 

1. What Do I Want From This Appeal?

The first question you should ask yourself is about what you seek to gain from the appeal. It's important to note what the stakes are and whether you're truly willing to put yourself through a court hearing again for this reason. If it's for a non-significant monetary amount, a divorce Jacksonville appeal may not be fruitful. 

2. What Happens If I Lose the Appeal?

If you do lose your appeal, it's usually the best idea to simply walk away. You can talk with your Jacksonville divorce attorney, or an attorney in our other locations, regarding the situation, but usually if you lose an appeal there are very little options. You may simply need to rebuild what you had and move on with your life.

3. What Happens While I Appeal?

Appealing your divorce decisions is not a valid way of delaying the effects of your divorce. There are some items that may be able to be delayed until the appeal has been decided upon, but many others will not. You can consult with your divorce attorney about what does, and doesn't, qualify for a stay.

4. What If I Have Other Issues During the Appeal?

Appeals are usually due to specific orders, but you could also be appealing the entire case. If you've appealed an individual order, you can always add on other orders as well. If you want to appeal many parts of your divorce, you may be better served by appealing the entire divorce rather than individual orders.

5. How Long Does an Appeal Take?

An appeal will usually take a few months, depending on how busy the family courts in your district are. An appeal can take up to a year, if necessary. This means that an appeal is often not helpful for situations that are time sensitive. Your attorney may be able to get an emergency appeal placed, but this is extremely rare.

6. When Can I Appeal?

You can sometimes appeal if you believe there has been an error in your case based on law. Factual errors could also be a reason for appeal, such as something that you can prove was taken into consideration during the case that was not true. Factual errors are the best basis for an appeal, as they can often not be disputed. Of course, it's better to correct these factual errors during the actual divorce proceedings.

7. What Is an Oral Argument?

During the appeal, your attorney may be able to argue on your behalf regarding your rights to appeal. However, this isn't always allowed. At other times, the decision will be made purely on written documentation. Which is best for your case depends on the unique situation surrounding your divorce.

8. How Do I Appeal?

Your attorney will begin the family law appeal process by filing a form with the courts. Your ex-spouse will also be able to respond to the appeal. You can consult with your attorney regarding the projected expenses of the appeal process.

9. How Much Will It Cost?

The costs will usually depend on the extent of the appeal. However, an appeal usually won't cost as much as the initial divorce. 

10. How Long Do I Have to Appeal?

If you need to appeal, you should appeal as soon as possible. You may have anywhere from a week to 30 days to file your appeal, and you can ask your divorce attorney when the deadline is. If you need more time to file your appeal, you may be able to request permission in advance to file a late appeal. This is rare, however, and shouldn't be relied upon.

Regardless of how difficult it may be for you, appealing a divorce case is almost always a good idea if you truly feel you have been wronged and if there are significant amounts at stake. You may want to take some time to yourself and think about whether you want the divorce. You can consult a divorce attorney in Jacksonville, Gainesville, Boca Raton, Daytona, Fort Walton or Fleming Island to get a professional opinion regarding whether or not an appeal might be fruitful in your unique situation.

Kenny Leigh & Associates serves both North and South Florida, with offices in Boca Raton, Daytona, Fleming Island, Gainesville, Fort Walton Beach, and Jacksonville.

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