The judge awarded me items and my ex thinks he should have gotten them. I asked for alimony after 18 years of marriage, including 12 being a stay at home mom and didn't get anything. The judge wrote I didn't ask for any, but I did.
Can I appeal this? My ex didn't even show proof of income.
Aaron James IrvingFamily Law AttorneyJacksonville, FL ·
A final judgment man only set aside for those reasons outlined in Rule 1.540(b), Florida Rules of Civil Procedure. You may want to look this rule up and read the text of the rule. In summary, if a party believes a judgment is in error then they may file a Motion to Set Aside a judgment within one year for:
(1) mistakes
(2) fraud
(3) newly discovered evidence
(4) discharge.
If successful, then they will rehear the divorce proceedings. Note that if there was a clerical mistake in the judgment (i.e. typos, etc.), then the judge may correct but with proper notice to you. To appeal a decision you must also have adequate grounds and you must file an appeal within 30 days. Your grounds cannot simply be that you disagree; rather, your grounds must be based on new discovered facts, concealment of assets, fraud perpetrated on the court by your spouse, and legal mistake by the judge. The burden of proof is on you because Florida divorce law gives any completed judgment the benefit of the doubt.
Richard David WestDivorce / Separation LawyerOrlando, FL ·
You can appeal but you must do it within 30 days of the divorce decree or you lose your right to appeal.
18 years is a long term marriage that creates a presumption in favor of permanent alimony. If there is a substantial disparity between your income and your ex-husband's you should have received alimony.
You have 30 days after the final judgment in which to file an appeal. If you asked for alimony in your petition and at trial, and the judge denied alimony on the basis that you did not ask for alimony, then you have an appealable issue. Contact an attorney ASAP.
Your ex's threats to modify personal property provisions of the final judgment are mostly baseless. He can within 10 days, file a motion for rehearing, within 30 days he can file an appeal, or within 1 year he can file a motion to vacate the final judgment. But there needs to be new evidence or some mistake of some kind to rehear or vacate, and there has to be an appealable issue for an appeal to be successful. The court has no jurisdiction to simply "modify" property division.
Wade Paul LutherDivorce / Separation LawyerOrlando, FL ·
As stated above, you have a limited time to appeal the ruling. The rules governing appeals are unforgiving.
I suggest that you act quickly if you want to preserve your right to appeal.
Wade P. Luther
Orlando Divorce Attorney
