Potential Triggers for Divorce Appeal

It is possible to appeal a divorce judgment provided you have a legal basis for your appeal. This means you don't have to "accept your fate" if you have just concluded your divorce only to learn that the judgment hasn't done you any justice. Here are some of the specific reasons that the court may allow as a basis for a divorce appeal:

Fraud

If you are using fraud as a ground for a divorce appeal, then you are basically claiming that your partner lied to you or to the court during the divorce proceedings. Consider a case where your partner lied about supporting a child from a previous relationship, and that fact was used in child support determination. If you discover the fraud, you can use it to appeal the issue of child support.

Discovery of New Facts

You may also be able to launch a divorce appeal if you have just discovered a fact that you were unaware of during the divorce. However, you have to believe the fact would have changed the outcome of the divorce. Consider a case where you divorced while you were pregnant with your partner's child, but you didn't know you would have triplets. If you realize this after the divorce, you may be able to appeal the divorce and have the decree modified to reflect the inclusion of the additional children.

Concealment of Assets

Many people hide assets while going through a divorce because they don't want to share the assets with their partners. This is why people keep money in overseas bank accounts, underreport their income, and undervalue their businesses, among other things. If that happened to you and you have chanced upon the hidden assets, you may be able to appeal the divorce so that the asset division decree can be modified to include the new discoveries.

Reliance on Erroneous Information

Lastly, you may also be able to appeal your divorce if you discover that the court made an obvious error while making their judgment. This may be the case, for example, if the judge awarded custody to your partner based on the belief that he or she took care of the kids on a daily basis when, in truth, you are the one who did that. Another example is if the court mistakenly excluded evidence because it was mistakenly believed to obtained illegally even though it was legally obtained.

For more information, contact a company like Scott & Scott, PC


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