Appeal or Modify Judge's final Divorce Decisions

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What can you do if after your divorce has been granted and your spouse was given physical custody of your children and you feel your children are in danger?   Let’s say you discover that your ex is neglecting your children or is having a drug or alcohol problem.   

Neighbors and family members have told you that your ex is very seldom home with the children or they say the children aren’t going to school regularly or are seldom ever seen with your ex.

There’s a strong possibility that you can ask the court to modify the custody, but remember you must have hard facts or proof that your ex is defaulting on the care of your children.  Judge’s certainly will lend an ear if they feel children are being misused or neglected, because a good divorce judge usually makes decision on behalf of the children.  In other words their decisions are based on what they perceive to be in the best interest for the children. 

There is a strong possibility due to our recession and Obamacare that you have lost your job – usually a judge will listen and try to ease your financial burden.  There again be sure you can prove that you no longer have a job and give the reasons (if you know them) that you were laid off.  2014 may prove to be a very difficult year for those contemplating divorce.

Here are some issues judges hate to revisit.  You and your spouse agreed on the division property and assets prior to the divorce.  You certainly have the right to ask a judge to modify the original agreement, but most of the time the judge will hold you accountable for your original agreement with your ex.

Then again let’s review what happens if you or your spouse totally disagrees with the judge’s final divorce decisions. You have the option of asking counsel to file a brief in your behalf that supports your request to have your divorce reviewed by a higher court.  This brief must contain reasons backed by actual laws that back up your right to challenge the family law judge’s decision. 

A large percentage of the time if a higher court reviews the divorce and divorce proceedings, they will support the judge’s original final decisions.  There are times that a judge has erred (they’re only human) - that is why you have a legal option to appeal your divorce case.

Let’s say after walking out of the courtroom, you decide the property agreement wasn’t satisfactory or the amount of alimony you agreed to pay is too high.  Remember you and your ex sat down together and worked thru the division of property, assets and child support – it’s very unlikely that an Appeals Court will even consider changing the original agreement between yourself and your ex.

It’s a good idea to at least have a consultation with legal counsel before agreeing or signing any divorce papers that are literally etched in concrete.  Family laws vary from State to State and unless you’ve spent time studying the laws in your State legal counsel might be the best plan.

Divorce seldom is both fair and equal when there are children involved – if you’re contemplating divorce, take your time before losing your shirt.  Know your rights, the family laws in your state and make use of the different venues that are offered in all States that can assist you…

As Always,

Little Tboca