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The Final Judgment of Dissolution of Marriage After a Trial

You have gone through a divorce trial. It may have been a half day trial or a multiple day trial. The attorneys for both parties have presented their closing arguments to the court. Then the judge orally pronounces his or her final judgment on the record. Usually,  several weeks after that, the judge will issue the written final judgment of dissolution of marriage. 

However, to your surprise, the written final judgment of dissolution of marriage is inconsistent with the oral pronouncement of the final judgment of dissolution of marriage. What can you do? What can your attorney do to help you in this matter? 

You can file a motion for rehearing to point these inconsistencies out to the court and request the court conform the written final judgment of dissolution of marriage so that it conforms with the oral pronouncement of the final judgment of dissolution of marriage. You can request a hearing on the motion for rehearing. Hopefully, the court will correct or clarify the inconsistencies between the oral pronouncement of dissolution of marriage and the written final judgment of dissolution of marriage. 

What if that does not happen at the hearing on the motion for rehearing? What if the court does not confirm or clarify the oral pronouncement with the written final judgment of dissolution of marriage? What can you do? You can file an appeal and appeal the court’s written final judgment of dissolution of marriage and the trial court’s decision to the appellate court. In Florida, this is the District Court of Appeals. The District Court of Appeals will review the trial court’s written final judgment of dissolution of marriage and the court’s decision. 

However, the trial court’s oral pronouncement must conform to the written judgment. Where the written judgment conflicts with the oral pronouncement, the oral pronouncement controls. If a written judgment suffers from internal conflict or inconsistency, it should be reversed and remanded for correction or clarification. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.