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Founded in 1997 we are experienced and knowledgeable Tampa attorneys practicing exclusively in Divorce, Family, Stepparent/Relative Adoption, Criminal Defense, and Personal Bankruptcy. We practice primarily in the cities of Tampa, Riverview, Brandon, Valrico, Lithia, Carrollwood, Northdale, North Tampa, Plant City as well as Hillsborough County, Pinellas County and Pasco County. We have offices conveniently located throughout Tampa Bay. Our lawyers have extensive experience practicing in contested and uncontested divorces, including military divorces, and family law, child support, child custody and visitation, relocation of children, alimony, domestic violence, distribution of assets and debts, retirement/pensions (military and private), enforcement and modification of final judgments, paternity actions, adoptions and name changes as well as criminal defense. We offer a free consultation to discuss your options. Please call us at 813-672-1900 or email us at info@familymaritallaw.com to schedule a consultation. Our representation of our clients reflects our dedication to them. We look forwarding to hearing from you! Se habla EspaƱol.
Showing posts with label Motion for Rehearing. Show all posts
Showing posts with label Motion for Rehearing. Show all posts

Monday, February 20, 2017

Appealing a Divorce

The process of divorce can be a long and winding road, especially if children are involved. Consequently, when the divorce decree is finally issued, parties typically feel a sense of relief gained by the knowledge that they can now move past this period in their life. And, for most divorcing couples, the final divorce order marks the end of the divorce case and the marriage. However, circumstances do sometimes arise that can compel someone to appeal a divorce order, but courts are reluctant to revisit these cases because the integrity of marriage requires that divorce judgments be conclusive and not easily overturned. Despite this policy, courts are willing to reconsider and potentially modify divorce orders for very particular and limited reasons. Given how restrictive divorce appeals are, working to negotiate one’s own agreement is the best method of ensuring the settlement terms are fair. Failing agreement, parties need to present the best evidence to the judge, which an experienced divorce attorney will know how to do. Nevertheless, understanding when a divorce appeal is permitted is important information to have in case an appealable issue does occur.
Legal Options to Revisit Divorce Order
Florida law gives parties in divorce cases several opportunities to request that the court reassess an earlier decision, and the type one files tends to depend upon how much time has passed since the final divorce decree was issued. The first option, and the one with the shortest deadline, is to file a motion for rehearing. This request must be made within 15 days following the issuance of a court order, and is usually the first step in filing a formal appeal. This request is used when a party has a legal basis for appeal, not just an objection based on facts. The judge is not required to grant a rehearing, and has broad discretion to deny it, which is generally what happens.
The next alternative, which is available if the divorce order was issued within the previous 30 days, is to file a formal appeal. This is a very complicated and technical process that takes a considerable amount of time to complete. No new evidence may be presented, and the basis for appeal must rest on a claim that the court misapplied the law. Note that if a party wins on appeal, the case will likely have to go back to the trial court for final resolution.
Finally, if more than one month has passed since the court issued the divorce order, the only option left is to file a motion for relief from judgment. A party has up to one year to file this type of motion. However, these requests are rarely successful, and are only granted in unusual circumstances.
Grounds for Appeal
The legal basis for appealing a divorce order is commonly based on one or more of the following claims:
  • the judge made a mistake in the application of the law;
  • new evidence was discovered that was unavailable or not ascertainable earlier in the case; or
  • fraud, misrepresentation, or misconduct by the other party. This claim typically relates to concealment of assets by a spouse. Note that while parties usually have just one year to file a motion to set aside a judgment, a special rule exists for divorce cases that completely removes the time restriction if the request is based on fraudulent financial records.
Get Help from Our Attorneys
If you believe a mistaken or a fundamentally unjust decision was made in your divorce case, talk to family law attorney about appealing the judge’s order. The All Family Law Group, P.A. helps clients in the Tampa Bay area deal with variety of family law issues, including divorce appeals.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
by Lynette Silon-Laguna Google+

Friday, July 10, 2015

Appealing a Florida Divorce: What Are My Options?

After a divorce, if you or your spouse are not happy with the result, you both have the right to appeal the decision. Legally, appeals determine whether or not the trial court correctly applied to law to the specific facts of the case. If a reviewing court determines the lower court made an error, they can reverse the previous decision and order the court to correct the error.

There are numerous reasons to want to appeal your divorce ruling, but feeling wronged by the judge’s decision isn’t enough. You must have legal grounds for why your divorce ruling should be overturned. These reasons include concealment of assets, a fraud committed by your spouse, newly discovered evidence, and legal mistake by the spouse.
What Types of Appeals Are Available?
What type of documents and what procedures need to be filed depends entirely on where your case currently is in the process. Currently, there are four remedies available under the broad umbrella of divorce appeals.
If your case was heard by a general magistrate judge, your attorney can file a Notice of Exception to the Report and Recommendation of a General Magistrate. Essentially, this document is an official objection to the general magistrate’s finding on your case. Time is of the essence at this stage because the objection must be filed within ten days of the report. Outside of recognized legal grounds to appeal the decision, a copy of the transcript of the last hearing before the general magistrate must be filed along with the objection. If the Notice is timely filed, then your case will automatically be scheduled for a hearing before a circuit judge.
If your case was heard by a divorce court, your attorney can file a Motion for Rehearing. Unlike the ten days allowed in magistrate court, this objection must be made immediately after an order is issued in circuit court and have a valid legal basis. Motions for Rehearing are difficult because there is no automatic right to an appeal. This path is further complicated by the fact that the request for a new hearing is ruled upon by the judge that made the initial decision in your case.
A general divorce appeal to the District Court of Appeals can be filed within thirty days of the original court order. No new evidence or facts will be heard at this point in the process; everything is based on the records at previous hearings. A divorce appeal requires a full appellate brief, which details how the trial court judgment did not comply with Florida law.
If more than thirty days have passed since the date of the original court order, your attorney can file a Motion for Relief from Judgment or Motion to Set Aside a Judgment. These motions ask that a party be freed from the requirements of the court’s order. These motions are usually based on evidence that your spouse hid assets or committed fraud on the court.
What Are My Options?
When navigating the complicated world of appeals it is important to have an experienced family law attorney on your side. If you are considering appealing your divorce decision, or you have questions on how to begin the process, contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.
By Lynette Silon-Laguna Google+

Did Divorces Really Spike During Pandemic?

The COVID-19 pandemic started nearly one year ago and at that time, predictions were being made that it would cause a spike in divorce cases...