CRIMINAL LAW

FAMILY LAW

Is appealing a family court judge’s ruling possible?

| Feb 15, 2021 | Uncategorized |

Your divorce decree is a legally binding document that spells out all of your parenting rights, support obligations, the division of marital property and more. Most of the time, couples are able to negotiate an agreement that they find workable and walk away mostly content with the rulings.

What if that doesn’t happen? If you ended up litigating a family law issue like your divorce and you find yourself unhappy with the outcome, is there anything you can do? It’s in situations like these that you may need to seek out a post-divorce modification or appeal your case. 

What is the likelihood of you filing a successful appeal in your case?

Most anyone can file an appeal in their case. You should know that appellate court judges are often hesitant to overturn family law decisions, though. The only instance in which they may do so if you can prove that the divorce settlement contains errors or that some other enforceability issues exist. These are just some of the many reasons that appealing a divorce case isn’t ideal. 

Could a request for modification better accomplish your goals?

Asking the original family law judge for a post-judgment modification hearing may be more promising. You’ll likely need to show the court that there’s been a significant change that warrants a hearing. Factors such as your own or your ex’s job loss or promotion, the recent onset of a disabling medical condition or temporary illness or relocation may all warrant support or custody modifications that a judge needs to approve.

How can an attorney help in the appeals or post-judgment modification process?

The amount of success you have in appealing or seeking a post-judgment modification in your Ocala case is primarily contingent upon how good of an argument you make. A divorce attorney can advocate for you in pursuit of the best possible outcome.