Did you recently go through a divorce that you feel was unfair? This is a common feeling among a number of divorcees. It prompts many of them to wonder if there is anything that they legally do. Some people have even been known to try to take the law into their own hands, which can be devastating. A legal approach to contesting the outcome of a divorce proceeding is to appeal it. However, appealing the decisions made in the proceeding may not overturn them. The following are special circumstances that could aid in getting the outcome of a divorce proceeding amended.
Discovery of Assets
Some spouses elect to hide assets during divorce proceedings. If they are discovered at a later date, it is possible to appeal the assets awarded portion of the divorce. The basis would be on the premise that the other spouse was entitled to some of the hidden or undisclosed assets.
Discovery of Incorrect Legal Ruling
Judges usually have many years of legal training. They are generally well versed when it comes to understanding the laws in their states as well as any federal laws. However, it is possible for judges to make mistakes. Some judges take long recesses to avoid such errors. They use the time to review unusual circumstances pertaining to difficult divorces. Even after reviewing law books, it is possible for them to rule incorrectly due to misunderstanding or if new legislation has been passed.
Discovery of Income
Unreported income can also be used as a reason for an appeal. This is something that someone who has been ordered to pay alimony to their spouse might seek to prove if their spouse had an income that was not considered when the alimony award was entered. For example, a spouse might have had an income from selling products online, but the judge may have not have been aware of this and considered them as a homemaker.
Evidence Believed to Overlooked
Perhaps you are feeling like the judge overlooked the information presented. This means that you may feel like you got the worse outcome of the divorce despite the evidence and facts. It is common for divorcees to feel this way. However, you have to get past the feeling and be able to provide legal proof to win an appeal.
It is ideal to use the divorce lawyer who represented you as a resource even you feel as though you do not want them to represent you in the appeals case. This is because there may be paperwork that they have to file on your behalf since they represented you in the original divorce proceedings. They will likely also want to forward information to your new legal counsel. Keep in mind that errors and unjust rulings will likely be the strongest factors for an appeal being successful.
