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Appealing a Divorce Decree

Going through a divorce is often a long, emotional journey. You and your soon-to-be ex-spouse will have to come to terms on just about every part of your life. When everything has been settled, a divorce decree is signed and dated.

This is a court document that provides the details of your divorce including cause, property division, child custody, child support, etc. Even if your divorce was settled outside of the court room, there will still be a divorce decree explaining the final terms which both sides must ultimately abide by.

This is not the same as a divorce certificate, which is a simple document issued by the state that shows who was divorced, when they were divorced, and where they were divorced.

A divorce decree, on the other hand, is typically very thorough, listing out terms which you and your spouse will follow.

Sometimes, however, mistakes can be made or new evidence comes to light after the divorce decree has been signed and issued. What can you do if that happens to you? You can appeal it.

When Can You Appeal a Divorce Decree?

Even after the divorce decree has been made official, you have the right to appeal it. If you plan to do that, however, you’ll want to act quickly. The window to appeal is limited. The exact amount of time you have can vary, but it typically ranges from 30-60 days.

If you wait too long, you’re out of luck.

Even if you can appeal your divorce decree, the question remains…should you?

It really depends on your reasoning. If you simply don’t like the terms of the decree, but nothing else has changed since your original divorce proceedings, your appeal will likely fail. The most common (and successful) reasons for an appeal are when a mistake was made, there was an oversight in laws, or new evidence has come to light.

Appeals will ultimately prolong the divorce process further, resulting in additional costs, time, and emotional toll. You should absolutely speak to an experienced divorce attorney before proceeding.  For a dependable divorce attorney in Springfield, Ohio, contact the offices of Michael T. Edwards today.

We’ll help you determine your options so you can proceed accordingly.

41 E. Main St., Enon,
Springfield, OH 45323

937-864-2645