Can you ever appeal any terms of a Divorce after it’s been finalized?

Can you ever appeal any terms of a Divorce after it’s been finalized? I got divorced 6 months ago but I am not happy with the visitation and spousal support terms that have been set.

Answers (1)

Yes, under limited circumstances. However, if you and your spouse both entered into a settlement agreement regarding your divorce, you may not be allowed to do so. Likewise, even if you didn’t enter in to such an agreement, the grounds for challenging a trial court’s divorce decree are often limited.

It would be best for you to consult with an attorney to see if you should pursue an appeal. In general, most people appeal because they believe the divorce (trial) court judge incorrectly applied the governing law to the facts of the case. Others tend to file claiming that the judge abused his or her discretion in making one or more of the awards that are part of a divorce decree.

Be sure to discuss this matter with an attorney to see if it’s worth everyone’s time and effort to pursue an appeal. You may prefer to have your attorney file a Motion to Modify one or more aspects of the divorce decree in the court that granted it. Parties often seek changes in decrees involving child custody matters, visitation with children, child support and alimony. You’ll need to provide your attorney with documents supporting your request for a modification.

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