Family Law Appellate Lawyer Miami
When a family court decision doesn’t align with the evidence presented or the law, you may have the right to appeal. Appeals give you an opportunity to correct legal errors that occurred during your divorce, custody, or support case. They are not about re-trying your case—they are about identifying and challenging judicial mistakes. At Cruz Legal, P.A., attorney Marisol Cruz provides skilled representation for clients seeking or defending against appeals in Florida family law cases. She is experienced in identifying appealable issues and building persuasive legal arguments to protect your rights.
If you’ve received an unfavorable order or final judgment and believe the court misapplied the law, misunderstood the evidence, or acted beyond its authority, it’s critical to act quickly. Florida appeals have strict filing deadlines, and missing them could eliminate your right to challenge the ruling. Our firm guides clients through the complex appellate process, from notice of appeal to oral arguments before the District Court of Appeal.
What Is a Family Law Appeal?
An appeal is a formal legal request asking a higher court to review a decision made by a lower trial court. In family law, common grounds for appeal include:
- Misinterpretation or misapplication of Florida statutes
- Improper admission or exclusion of evidence
- Violation of due process or procedural rules
- Insufficient findings to support the judgment
- Judicial bias or abuse of discretion
The appellate court does not hear new testimony or evidence. It reviews the record of the original trial and the written arguments submitted by each party. Success on appeal depends on a deep understanding of family law, court procedures, and legal writing—making it essential to work with an attorney who has experience in both trial and appellate practice.
Types of Family Law Orders That Can Be Appealed
Most final orders in a family law case can be appealed. Some examples include:
- Final judgments of divorce (dissolution of marriage)
- Custody and time-sharing determinations
- Alimony awards or denials
- Division of marital assets and debts
- Paternity determinations
- Modifications of prior orders
- Injunctions related to domestic violence
In some cases, non-final orders may also be appealed if they have an immediate and significant impact on the rights of the parties. Marisol Cruz reviews the facts and legal record to determine whether an appeal is viable and what strategy offers the best chance for success.
How the Appeals Process Works in Florida
The appellate process begins after an order or final judgment is entered by the trial court. Key steps include:
- Identify the type of order to be appealed
- Is a Motion for Rehearing required? – Must be filed within 15 days from the date of the Final Judgment
- Notice of Appeal – Must be filed within 30 days of the Order/Final Judgment
- Record on Appeal – Includes transcripts, exhibits, and filings from the trial court
- Initial Brief – The appealing party outlines the legal errors and arguments
- Answer Brief – The opposing party responds with counterarguments
- Reply Brief – Optional rebuttal from the appealing party
- Oral Argument – In some cases, the appellate court schedules a hearing for live arguments
- Decision – The appellate court issues a written opinion affirming, reversing, or remanding the case
This process is highly structured, follows strict timelines, and the quality of legal writing is critical. Marisol Cruz carefully crafts appellate briefs designed to persuade the panel of judges by combining legal reasoning, case law, and a clear narrative of the trial errors.
Common Grounds for Appeal in Family Law Cases
Appeals are not based on whether you disagree with the outcome—they require proof that the court made a legal or procedural error. Examples include:
- The judge failed to apply Florida’s equitable distribution rules properly
- A child custody ruling was made without sufficient evidence or findings
- Alimony was awarded without considering the statutory factors
- One party was denied due process (e.g., lack of notice or opportunity to be heard)
- The court ignored valid prenuptial or postnuptial agreements
Marisol Cruz evaluates the trial record to identify whether the ruling can be overturned or corrected, and whether pursuing an appeal is the right strategic decision based on your goals and available evidence.
Defending Against an Appeal
If the opposing party is appealing a favorable judgment, Cruz Legal, P.A. can represent you in defending the trial court’s decision. This includes:
- Drafting and filing Answer briefs
- Identifying weaknesses in the opposing party’s legal arguments
- Highlighting where the trial court acted within its discretion
- Arguing for the appellate court to affirm the decision
Marisol understands what appellate judges look for when reviewing a lower court ruling and focuses her arguments on preserving your victory by emphasizing the strength of the trial record and adherence to Florida law.
Deadlines and Timing: Act Quickly
Appeals are subject to strict deadlines. In some cases, before you can file a Notice of Appeal, you’re required to file a Motion for Rehearing, and you only have 15 days from the date of the Final Judgment/Order to do it. For appeals, you have only 30 days from the date of the final judgment to file a notice of appeal. Missing this deadline usually means forfeiting your right to challenge the decision. If you’re considering an appeal, contact Cruz Legal, P.A. immediately to review your options and preserve your rights.
Appealing or Defending a Family Law Judgment? Call Now.
If you’ve received an unjust family court ruling—or need to protect a favorable one—don’t wait. Appeals have short deadlines and high stakes. Attorney Marisol Cruz brings the precision, strategy, and legal experience necessary to guide you through Florida’s appellate courts.
Call Cruz Legal, P.A. to schedule a consultation and take the first step toward correcting or defending your court decision.