Call To Find Your Way Forward 203-583-8256

The Law Offices of James A. Cuddy, LLC

Call To Find Your Way Forward 203-583-8256

Call To Find Your Way Forward 203-583-8256

Direct, Honest And Fair Family Law Solutions

Not happy with the divorce decree? Go back to court

On Behalf of | Aug 1, 2017 | Divorce

The day you walked into court to finalize your divorce, you expected that to be the end of it. However, after a few days of contemplating the divorce decree, you realized that you are not even close to happy with the decisions the court made. But what can you do now that the divorce is final? Do you have any options at all?

Fortunately, even after you have the divorce decree in hand, you have the right to go back to court in Shelton and challenge the decision. Or, it may be possible that your ex-husband is not happy with the final ruling of the court and he wants to challenge the judgment. If this is the case, then it is best to prepare for the process. Read further to find out more about challenging a divorce decree.

The appeals process

Just like with most cases, you can take your divorce decree to a higher court and submit an appeal. While it is generally rare that an appellate court will reverse a lower court’s ruling in a divorce, it is not completely unheard of. If you choose to pursue an appeal, your attorney will write an appellate “brief” that states your argument and the reason you are challenging the lower court’s ruling. When you go to court, your attorney will present your argument and why you think the judge did apply the law correctly during the decision-making process. Your ex-husband will also have an opportunity to present his case and why he believes the appeals court should support the original decision.

Motions to modify

During the appeals process, you can also petition the trial court that issued the original ruling to modify the divorce decree. For example, you can request changes to child custody, visitation, child support and even alimony. In order to do this, you will have to file a “motion to modify” with the court that originally presided over your divorce. Your ex-husband has the right to make the same requests. For example, if he recently lost his job or took a substantial pay cut, he can petition the court to lower his child support and alimony payments.

If you are unhappy with your divorce decree, it is possible to appeal the lower court’s decision or to ask for specific modifications. Your attorney will be able to help you determine the best course of action and then guide you through the process.