Baltimore & Towson Lawyer Discusses Post-Judgment Modification
Going through a divorce can be mentally, physically and financially draining on the parties involved. Quite often, the parties have gone through considerable expense and heartache in an effort to reach the best outcome possible based on their situation. But as your Baltimore and Towson divorce lawyer will tell you, there are occasions when one party is unhappy with the judge's decisions that have been issued in the final divorce decree. Unbeknownst to many individuals, any party who is not satisfied with the judge's decision can actually appeal the decision via several different avenues. That is why it is crucial for anyone who is going through a divorce to work with a skilled lawyer in order to learn of possible post-judgment divorce options that may be available to him or her.
Individuals who are interested in appealing the decision, however, should keep in mind that divorce appeals are often very difficult, but success can be achieved if certain things are proven during the appeal. Parties should also be aware that the rules with respect to filing the appeal are quite strict, particularly with respect to the processing of certain legal documents. That said, allowing an attorney to handle the appeal can prove to be most beneficial in the long run. Your Baltimore and Towson divorce lawyer will be able to ensure that the documentation is properly formatted and accurate, and he or she will be able to provide you with the best options available to change the outcome of the case.
Motion to Amend the Judgment
One such option might be to file what's known as a Motion to Alter of Amend Judgment. A party will have 10 days from the date in which the divorce order is entered by the clerk into the docket to ask the judge to amend or change his or her decision. Keep in mind, however, that this must be done by formal motion, and the ex-spouse will have to be given a chance to reply to the motion. It is not uncommon for judges to deny these types of motions without having a motions hearing, and if a party is given a hearing, the motions are hardly ever successful. Nonetheless, there is a chance that the judge may decide to allow additional evidence to be put on the record, particularly if new facts have taken place and it would clearly be in the interest of justice to do so.
Motion for a New Trial or Reconsideration
Typically, the parties to a divorce are given 10 days from the time the clerk enters the order to ask for a new trial. With respect to reconsideration, however, the parties will be given 30 days to file that particular motion. New trial motions are generally denied without a hearing on the issue, but the judge has discretion, particularly in cases where the party seeking a new trial has specified the issues that need to be re-heard. Reconsideration motions are typically made if there was an irregularity or mistake made during the original trial that would justify a revision. The error must have been material to the terms of the divorce order.
There are a number of other options that may be available to parties who are unhappy with the outcome of their divorces. If you have questions or concerns about your options, contact a Baltimore and Towson divorce lawyer at the Law Offices of Amar Weismann, LLC today.
Call (410) 321-4994 For a Free Consultation
Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.