Do you think you've been cheated when settling your divorce? You can go back to court to appeal the divorce decree. This decree is the final order from the court that settles all issues in your divorce. If you believe the terms of your decree are unfair, you can hire a divorce lawyer to help you file an appeal. It asks the court to overturn the terms that are less favorable to you. Here are ways your divorce lawyer can help you successfully appeal the divorce decree:
1. Your Divorce Lawyer Can Help You Identify the Grounds for Your Appeal
Your appeal must have "grounds" or reasons. You must convince the court of one of the following:
The divorce decree was based on fraud or misrepresentation. For example, if your ex-spouse lied about their income to get a more favorable settlement, you may be able to have the original ruling overturned.
The decree was issued without giving you proper notice or opportunity to be heard. This can happen if your spouse failed to serve you with divorce papers or if you were not able to participate in the proceedings due to illness or another extenuating circumstance.
The court made an error in its calculation of child support or spousal support payments. If the amount of support ordered is significantly different from what it should be according to state guidelines, you may have grounds for an appeal.
The court made a custody or visitation ruling that is not in the best interests of the child. An appeals court will review such a ruling very carefully to make sure that it is fair and in line with established legal precedents.
The divorce decree violates a prior court order or agreement between the parties. For example, if the terms of your divorce violate a prenuptial agreement, you may be able to have the original ruling set aside.
2. Your Divorce Lawyer Can Help You File the Necessary Paperwork
The first step in appealing your divorce decree is to file a notice of appeal with the court. This notice must be filed within a certain time frame after the final judgment was issued. Your divorce lawyer can ensure that this paperwork is filed correctly and on time.
3. Your Divorce Lawyer Can Represent You in Court
Once your appeal is filed, you will have to present your case in front of a judge or panel of judges. This can be a daunting task, but your divorce lawyer will be there to guide you through the process and help you make the best argument possible.
While you may want to get over your divorce quickly, you must ensure your rights are protected, more so when you think you've been cheated. Consult a divorce law firm, such as Gomez May LLP, to discuss how to appeal your divorce decree for better terms.