Divorce is a serious decision, and at the conclusion of your proceeding, you may want to change your mind about some aspects. Perhaps you want to edit your custody arrangements, fix issues regarding the reporting of assets, or overturn the divorce decree altogether. Reversing a divorce can be a difficult process, but it is possible with an Indianapolis divorce attorney’s assistance.
Who Can Appeal a Divorce?
At the conclusion of your divorce, the court will issue a decree that both finalizes the divorce and outlines the division of assets, alimony payments, child custody arrangements, and other issues. However, you may discover facts after you sign the decree that affect its validity — for example, you may discover hidden assets or believe your spouse is unfit to care for your child. In these situations, you may want to appeal the decree.
Both you and your former spouse have the right to appeal your decree. However, you must initiate the appeal within 30 days of its issuance. You will need to prove that the current decree is erroneous and would cause you significant harm if the court allowed it to stand.
How to Appeal a Divorce Decree
To successfully appeal your divorce, you will need to have grounds to file the appeal. You and your attorney will need to prove that these grounds were present when the court issued the final judgment for your divorce, gathering sufficient evidence to prove your claims.
Some common grounds for a divorce appeal include the following.
- Hidden assets or concealed information
- Mistakes on behalf of the court
- Instances of fraud during the court proceedings
- Other information that was unknown and you could have not known at the time the court issued the final judgement
If you can prove that any of the above grounds took place in the issuance of your divorce decree, the appellate court may reopen your case.
In many divorce appeals, one party asserts that the court that issued the final divorce decree made a mistake when applying the law to the case. If this situation applies to you, you will need to gather sufficient evidence proving that the mistake took place.
The appellate court where you will need to file your appeal will generally accept the facts that the lower court established in your divorce unless you can prove that the judge misapplied the law. Divorce appeals based on the error of the court are often more successful than those based on other grounds.
Understanding whether or not you have grounds to appeal a divorce decree can be difficult. Speak to your divorce attorney as soon as possible to discuss your case and begin gathering evidence to prove your claim.
Do You Need an Attorney to Reverse a Divorce Decree?
Reversing or revising a divorce decision can be a very complex process, requiring deep knowledge of Indiana family law and years working within the Indiana court system. Handling these matters alone can be overwhelming, especially after an emotionally taxing divorce.
Trusting an attorney to assist you with the divorce reversal process can provide you with these benefits and more, including investigative resources and timely paperwork completion. Contact your divorce lawyer as soon as possible to begin this process and strategize your next steps.