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Going through the appeals process is easier with the right help

Once a divorce is finalized, most agreements are considered to be set in stone. However, you do have a chance to appeal a decision if you don't agree with it. It is unusual for an appeals court to overturn a judge's decisions in a divorce case, but it is not unheard of.

When you take your appeal to court, you should have a brief prepared. Your attorney helps you put this together, so you can show why you feel the ruling was unfair or needs to be changed. You will need to show how the trial judge applied the law inaccurately when ruling if you want to succeed in an appeals court.

Your ex-spouse will be the opposing party, and it's likely his or her attorney will provide a brief that argues that your case is invalid. Once these two briefs are turned into the court, there may be a chance for both attorneys to prevent their arguments to the judge.

An appeals court will review what happened at trial to determine if an appeal is necessary. If the appeals court agrees with the trial court, then nothing will change and you will be limited in your opportunity for further appeals.

If you're considering going to an appeals court over something you settled with your ex-spouse outside court, like a parenting agreement, it's unlikely that going to court will help. Settlement agreements normally can't be appealed if you both agreed to the arrangements. Instead of appealing, consider seeking a modification. Our website has more on the options that may be open to you if you're unhappy with your divorce settlement.

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Cotton & Gates, Attorneys at Law
3 Plew Avenue
Shalimar, FL 32579

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