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What if I Do Not Like the Judges Decision?
In Court, you get unpredictability. The Judge will rule
on your case at the end of the trial procedure. Often times the
Judge will take a moment in his or her chambers to deliberate over
the evidence that was presented. Other times the ruling will come
immediately. Either way you will find that most Judges will attempt
to deliver a ruling that will attempt to make both parties happy.
Obviously this is not always possible, and there is typically a
winner and a loser.
The purpose of the ruling is to establish what exactly should be
stated in the Final Divorce Decree. Once the attorneys have
drafted the Final Divorce Decree and both parties have agreed that
it coincides with the ruling, it will be presented to the Judge for
signing.
If in fact after the ruling has been delivered, you and/or your
attorney do not believe the decision(s) was fair, there are
additional steps you can take to attempt to get the ruling you desire.
If you truly object to the courts ruling, you may choose to petition
the court for a rehearing of the case. Depending on the timely
fashion and the reasons stated in the petition will determine whether
or not the request will be granted. If the request is not granted the
next option would be to file an appeal to a higher court.
It is very essential to examine why you are filing the
appeal. Most of the time the appeal will be unsuccessful if it is
based solely on the Judge's interpretation of the evidence that was
presented. Typically an appeal is an action to consider if there was
a court procedure and/or legal error. Appeals can
lead to very expensive legal fees and also tend to prolong the
divorce, which can be a very traumatic experience for those involved.
Do not be surprised if your lawyer or other lawyers you have
consulted will suggest that it may be best to not file an appeal.
You must keep in mind that you may enter into postdecree proceeding
in regards to child support modifications, custody arrangements,
spousal support payments, and so forth. Modifications to the original decree are not uncommon, but there are certain laws and requirements that must be met in order to proceed.
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