Deadline for Filing Initial Brief in Divorce Appeal

The deadline for filing initial briefs in a divorce or custody appeal in Florida depends on several factors. It is crucial for your case to know the facts.

What is the deadline for filing the initial brief in a divorce or child custody appeal?

It depends.  For appeals of final orders, the initial brief must be filed seventy days after the notice of appeal. With non-final orders, the initial brief is due 15 days after filing the notice of appeal.  In cases where a party is seeking a Writ of Certiorari, Writ of Prohibition, or Writ of Mandamus, the appeal is initiated by filing the brief (which is called a “petition for a writ”) by the appropriate deadline. 

The deadlines for filing briefs can be extended by agreement of the parties or through an order of the court.  Although an extension is not guaranteed, in most cases involving non-emergent issues the appellate court will grant several extensions of time to file a brief (in some cases up to several months worth of additional time).

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