How to Overturn a Dissolution of Marriage Final Judgment in Florida
Divorces occur in one of two ways. Either you and your spouse come to an agreement, or a judge decides how to dissolve your marriage and distribute your assets in a trial. You cannot overturn an agreement between you that is incorporated into a final judgment because you have entered into it willingly. Under some circumstances, however, you can overturn a judge's decision that has resulted in a final judgment.
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Instructions
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Make sure you have grounds for an appeal. You can only appeal a dissolution judgment in Florida if the judge misinterpreted the evidence you or your spouse presented to him, or if new evidence has come to light since the trial, such as fraud perpetrated by your spouse or assets he concealed from the judge. You cannot appeal simply because you don't like the judge's decision.
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File a "Notice of Appeal" with the court that heard your divorce trial. A format that you can follow is available through the Florida District Court of Appeals. The format is precise and must be followed to the letter, so don't try to write one yourself without having an official example to follow. Be sure to include the request for oral argument. You have 30 days to do this from the date stamped on the final judgment.
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Prepare a brief. Your Notice of Appeal will be forwarded from the court that heard your divorce trial to the District Court of Appeals, and the District Court will send you a notice telling you when your brief is due. Divide the brief into three parts. Tell the court the facts, or history, of the case. Then present and explain your grounds. Finally, tell the court how you would like the matter to be resolved and what you want the new final judgment to say if you are successful with your appeal.
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Attend the appellate hearing. If you have indicated on your Notice of Appeal that you want oral argument, both you and your spouse will be permitted exactly 20 minutes within which you can orally explain to a panel of three judges why the final judgment should or should not be overturned. The court will not give you a decision immediately. The judges will issue a written decision, called a mandate, after the hearing. The time will depend on their backlog of cases.
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Tips & Warnings
If your divorce was decided by a magistrate, not a judge, you can instead file a "Notice of Exception to the Report and Recommendation of a General Magistrate." A magistrate's decision is not a final judgment until the court has approved it and signed off on it, so you have 10 days after he issues the report to let the court know you object to it. The same grounds apply as for an appeal. You must have legal cause for the report to be overturned. If you're successful, your case is referred to a judge for trial.
Only rarely is an appeal successful in Florida because the original judge has wide discretion to decide issues of a divorce. The appellate court will not usually strike down his decisions without significant cause. You should also consult with an attorney before submitting your Notice of Appeal and your brief, because the appellate court can dismiss your paperwork over even a minor procedural mistake. Once this happens, you have no further recourse.
References
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