The appeals process is one way to exercise your legal rights if you feel that you have been unfairly treated by the courts or misrepresented during your divorce proceedings. While the court system is supposed to be impartial, there is always the possibility that as a man, you may be unjustly a victim of bias, where mothers and women are often favored. Keep in mind, just because you do not agree with your divorce judgment that is not enough grounds to file an appeal, and seek a ruling from a higher court.
Being a final judgment is often in effect for several years, you may want to consider the appeals process to dispute its terms and conditions. However, you do need to act quickly because you only have a limited window of time to file for an appeal. The family courts of Florida require that an appeal must be filed within 30 days of the final judgment being issued. The appeals process is not something to do on your own. For this, you need the services of family law attorneys in Jacksonville FL, Daytona, Fleming Island, Boca Raton and Gainesville on your side.
Justification for an Appeal
The following are valid reasons for filing for an appeal of your final divorce judgment in eyes of the court:
- Your former spouse provided fraudulent information to the courts during the divorce proceedings
- Assets were kept hidden during the divorce process
- Pertinent issues were overlooked during the court proceedings
- There were errors committed on the behalf of the court
- Judicial abuse where the judge may have been biased or acted in an otherwise inappropriate manner
There may be other justifiable reasons to dispute your divorce judgment in which you may not be aware. This is where Kenny Leigh & Associates, family law attorneys in Jacksonville FL, Gainesville, Fleming Island, Daytona and Boca Raton can help men who have been unfairly treated by the Florida family court system.
Upon receiving your final divorce decree, it is important that you carefully read through it before signing it. If you find errors in the wording or monetary amounts, you need to request that these be corrected before signing. Simple errors that could have been corrected early on are not reasons for filing for an appeal.
The Appeals Process
If you are considering an appeal, you should speak with the attorney who represented you in your divorce. Not all attorneys are qualified to practice appellate law. You will need to quickly schedule a consultation to determine if you have strong case that merits filing for an appeal.
Once you begin the appeals process, you will be referred to as the appellant. You will need to obtain the transcripts from your divorce hearing from the court reporter’s office. You will then work with your attorney to submit the appropriate forms to the appellate court along with the filing fees. A copy of all the legal documents that were submitted to the appellate court must be sent to the opposing side. The court will need to be provided with proof that this step was completed.
After all the documents have been submitted, a confirmation letter will be sent by the courts. If this letter is not received quickly, a follow up contact will be conducted to confirm the receipt of the documents because of the short window of time allowed to file. The confirmation letter will include pertinent deadlines for written briefs from each side to be submitted, additional legal documents, including financial records or transcripts.
The appellate court will review all the information and may schedule a court date to hear oral arguments. They also may decide to forego oral arguments and choose to issue a ruling on the appeal based on the merits of the information supplied.
Protect Your Rights
Because the appellate process is one that requires strict adherence to deadlines and specifics, it is not one that should be attempted by someone who is not specifically trained in family law and appellate proceedings. This is why you need to protect your rights and your future livelihood by hiring a law firm that has the knowledge and resources to successfully appeal your final divorce judgment. Kenny Leigh & Associates are the family law attorneys that provide men with fair representation in the Florida family courts. They have 5 convenient locations to serve you: Jacksonville, Gainesville, Daytona, Fleming Island and Boca Raton. They serve men only in Northeast Florida and South Florida.