How to Split a Toaster: A Divorce Podcast About Saving Your Relationships

Demystifying Divorce Appeals: An Insider’s Guide from Judge Matt Lucas


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Navigating the Appeals Process in Divorce with Judge Matt Lucas
For our final episode of the season, Seth Nelson and Pete Wright chat with Judge Matt Lucas, an appellate court judge from the Florida Second District Court of Appeals, about the mysterious appeals process in divorce cases. They aim to shed light on what an appeal is, what appellate judges do, and what happens behind the scenes at the appellate court.

This insightful episode covers the technical details of appeals and how they differ from the original divorce trial. Judge Lucas provides an inside look at this complex process from an experienced judge's perspective.

The discussion focuses on the mechanics of appeals - what grounds are needed to file one, the specific issues that can be appealed, the logistics of how appeals courts operate, and more. 

Questions we answer in this episode:

  • What is an appeal and what does an appellate judge do?
  • What are the grounds for appealing a divorce judgment?
  • How long does an appeal take and what happens during the process?

Key Takeaways:

  • Appeals focus on alleged legal errors, not just unfavorable outcomes.
  • The appeals process involves new legal issues and standards of review.
  • Appeals require precise arguments about specific aspects of the lower court's ruling.

This episode offers rare insight into the mysterious appeals process direct from an appellate judge. Seth and Pete breakdown this complex topic in an accessible way, making it easy to understand for anyone going through a divorce. Listeners will learn what to expect during appeals and how to navigate them effectively.

Links & Notes

  • Check out Judge Lucas’ books!
  • Schedule a consult with Seth
  • Got a question you want to ask on the show? Click here!
  • (00:00) - Welcome to How to Split a Toaster
  • (00:27) - Meet Judge Matt Lucas
  • (02:36) - The Appeals Process
  • (14:44) - Trial Lawyer vs. Appellate Lawyer
  • (17:11) - Overturn Frequency
  • (23:14) - When You Win
  • (29:06) - Enforcement
  • (30:13) - Other Questions
  • (38:02) - A Few Last Points
  • (46:56) - Writing on the Side
  • (48:25) - Wrapping Up
  • ...more
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