Appealing or modifying your divorce judgment

You had to get through your divorce, but now, just a few days after the final judgment, you've decided you don't agree with the judge's opinion or on how he ruled. After a divorce judgment is issued, both parties do have a chance to appeal. Certain decisions made by the court may not agree with you, and that's fine. You can appeal the decision and support your reasoning for why you want to see a different outcome.

Appeals are filed with a brief by your attorney. The brief is a legal argument detailing why the ruling was unfavorable and showing how the judge misapplied the law when making decisions in the case. Usually, the attorney is unable to introduce new information or evidence, but he or she may present the evidence used in court in a different manner to make the case stronger.

One thing to keep in mind is that you won't likely be able to appeal any settlement terms that you and your spouse agreed to and had a judge approve. In the court's eyes, you both worked together to come up with the settlement and should not go back on the agreement. However, there are some cases in which you can ask the court to modify the agreement in a way that could help you. For example, if the court awarded you and your spouse equal time with your children but you later find out that your spouse is abusing alcohol, you could ask for a modification to keep your children away from your spouse and primarily in your care.

Source: FindLaw, "Appeals and Motions to Modify the Divorce Judgment," accessed April 26, 2018

No Comments

Leave a comment
Comment Information

Office Location

108 Sherway Road
Knoxville, TN 37922

Map & Directions

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy