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Should I Appeal Or Modify My Divorce Settlement?

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Following the finalization of a divorce, you may not agree with the ultimate terms of the agreement or circumstances may change. If this is the case, there are options available to change the terms of property distribution, alimony, child support, child custody, and other important aspects of the settlement. However, you should always rely on a qualified family attorney to help determine which option is best for you: appealing or modifying your divorce decree. At Bubley & Bubley, P.A., our experienced Tampa family law attorneys are prepared to help with your case. To learn more, call or contact our office today.

Appealing a Divorce Settlement 

An appeal may be the best option immediately after a divorce. Appeals generally must be made within thirty days following the final judgment in a divorce case. An appeal can only be made if you believe that an error in substantive law or procedure during the divorce fundamentally altered the outcome of your divorce settlement. An attorney can help draft an appeal, which involves a written brief as well as oral arguments before the court. The appellate court reviews the issues to determine whether the court should uphold the ruling of the trial court, reverse the decision, or remand it back to the trial court for further hearings with instructions. Depending on the outcome of the case, the issues may be appealed again to the highest court in the state.

Modifying a Divorce Settlement 

Modification of a divorce settlement is often the best option when circumstances change following a divorce. In most cases, these changes occur months or years after the divorce was originally finalized, but due to a substantial change in circumstances one or more aspects of the divorce settlement are no longer viable for your situation. In order to be considered a substantial change in circumstances, the situation must be material, permanent, significant, and unanticipated at the time that the divorce was finalized. A modification can be made by agreement between both former spouses or can be petitioned by one spouse in court. Common examples of reasons for a modification include the following:

  • Relocation of the custodial parent and child,
  • Permanent job loss,
  • Significant increase in income through promotion or inheritance,
  • Illness or disability on the part of a parent or child,
  • A child aging out of support, and more.

To learn more about what option is best for altering the terms of your original divorce agreement in the Tampa area, call or contact our office today.

Call or Contact Our Office Now 

Just because a divorce is finalized it does not mean that the terms within it must be permanent. If you are interested in learning more about your legal options for either appealing or modifying the terms of your divorce in Tampa, the experienced and qualified lawyers at Bubley & Bubley, P.A. are here to help. Call the office or contact us today to speak with one of our lawyers and schedule a consultation of your case now.

Source:

law.cornell.edu/wex/change_of_circumstances#:~:text=A%20change%20of%20circumstances%20refers,the%20prior%20order%20was%20issued.

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Bubley & Bubley, P.A. is located in Tampa, FL and serves clients in and around Brandon, Odessa, Tampa, Oldsmar, Land O Lakes, Thonotosassa, Valrico, Wesley Chapel, Lutz, St Petersburg, Plant City & Brooksville, Safety Harbor, Holiday, Trilby, Crystal Beach, Ozona, Apollo Beach, New Port Richey, Clearwater, Tarpon Springs, Port Richey, San Antonio, Spring Hill, Lithia, Pasco County and Pinellas County.

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