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If I did not have an attorney can I appeal my divorce decree?

Fleming Island, FL |

I did not have an attorney represent me during my recent divorce proceedings because I did not have the money to pay one. My husband did have an attorney represent him. We mutually agreed to the original terms and there was no trial. After reviewing the decree, I do not feel some of our assets were split fairly. I understand that property settlements generally are not amendable, but do I have any grounds to appeal this since I did not have a lawyer? Is it possible to change the duration of alimony even if my divorce decree says it cannot be changed?

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Attorney answers 3

Posted

Appealing a family law matter due to the fact you did not have legal representation is not an adequate ground to appeal a ruling. There are other reasons you can appeal but not having an attorney is not a ground.

JMP Law, P.A.
Juna M. Pulayya
www.jmplawyer.com
junior@jmplawyer.com

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Posted

Unfortunately, there is most likely nothing that you can do about this situation. However, I would advise you to speak with local counsel to have them review the exact terms of the agreement. There is a small possibility that the contract could contain vague or poorly written provisions. If you have any further questions, please do not hesitate to contact our firm.Best of Luck.

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Posted

As the other lawyers have said, you cannot appeal because you didn't have a lawyer, even if the reason you didn't have a lawyer is because you couldn't afford one. Alimony can normal be changed if there is a reason to do so--like the payor loses their job--but it cannot be changed if the agreement says it can't. The usual term for unchangeable alimony in an agreement is "nonmodifiable." If your alimony is termed "nonmodifiable," then the appellate courts are very clear, it cannot be changed.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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