Family Law Appeals

Family Law Appeals

Family Law Appeal Attorneys Bergen County, NJ

Securing Fair and Lawful Judgments for Clients in New Jersey

Any time a trial court reaches a decision in matters such as child support, child custody, alimony, division of assets, or any other family law matter, involved parties may be able to appeal that decision in a higher court, and potentially secure a fairer or more lawful judgment.

It is important to remember that a family law appeal is a completely different process than that of a post-divorce modification, as a divorce judgment modification will be based upon a change in circumstance, while an appeal is based upon an unreasonable, unfair, or legally flawed decision.

When it comes to appealing any family law order, there are a variety of deadlines, requirements, and specific types of arguments that will need to be met and presented to ensure the success of your appeal. For this reason, it is highly recommended that you retain the counsel of an experienced family law appeals attorney to advise you of your options and obligations, guide you through the appeals process, and ultimately help you secure a fairer judgment which more accurately takes into account your unique situation, needs, and concerns.

At Townsend, Tomaio & Newmark, our attorneys have extensive experience successfully appealing family court decisions of all kinds for clients in towns across Bergen County, including Ridgewood, Paramus, Teaneck, Hackensack, and Fort Lee.

Call our office today to discuss your unique needs and concerns in a free and confidential consultation regarding your family law appeal matter.

Appeals Attorneys Discuss the Three Tiers of NJ Family Court

New Jersey’s family court system has three distinct levels, that of the Superior Court (also known as Trial Court or Family Division), the Appellate Division, and the Supreme Court. If you feel that a family court decision was unfair or unreasonable, you can appeal that decision in a higher court.

While some appeals may be sent back to the Trial Court level for a rehearing, if your appeal reaches the New Jersey Supreme Court, any decision they reach in the matter is considered final, and no further appeals can be sought.

How Can I Appeal a Family Court Decision?

Any decision made by either the Trial Court or the Appellate Division can be appealed, but of course, the strength of your appeal and its potential for success depends greatly upon the circumstances of the decision, and the skill of your attorney. Additionally, all family law appeals must be filed within 45 days of the court’s judgment, so if you feel that a particular family court judgment is unfair or unreasonable, then it is important that you begin working with our Bergen County appeal attorneys as quickly as possible so that we have time to investigate your case, and thoroughly prepare for your appeal.

In New Jersey, a Trial Court judgment is first appealed with the Appellate Division. They may either remand your case to the Trial Courts and order a rehearing, or instead issue a new judgment based upon the facts of your case. In the case that the Appellate Division issues a new ruling in your family law matter, there can either be a unanimous decision by the Judges of the Appellate Division (typically two or three), or a split decision. All split decisions made by the Appellate Division will cause your appeal to instead be heard automatically by the New Jersey Supreme Court.

If, on the other hand, the Appellate Division’s ruling was unanimous, and you wish to appeal the matter with the NJ Supreme Court, you will need to file a formal request with the NJ Supreme Court to hear your case. The NJ Supreme Court can either decide to “grant certification” (meaning they will hear your case), or “deny certification”, meaning the decision reached by the Appellate Division is final, and no further appeal can be sought.

The Supreme Court’s decision to grant or deny certification will largely be based upon the facts of your case and how your attorney presents them, and the ability of your attorney to show how and why the lower court’s decision was unfair, unreasonable, or not in accordance with established case law regarding your specific family law matter.

The Appellate Division’s Review Process for Family Law Appeals

When hearing your family law appeal, the Appellate Division is bound by law to only consider evidence which was entered during the initial hearing of your matter. If you believe there is additional evidence or testimony relevant to your decision, you and your Bergen County appeals attorney will need to file a motion with the Appellate Division requesting to supplement the record.

When making a decision regarding your appeal, to reverse the Trial Court’s decisions, the Appellate Division needs to be presented with evidence supporting the fact that either the Family Court failed to follow controlling legal principles or precedents, the Family Court judge abused their discretion, or the decision that was reached was not based upon credible or accurate evidence.

Our experienced family law appeals attorneys have a deep understanding of the law and the established standards and procedures used by Family Courts to reach decisions of all kinds, and as such, we will show the Appellate Division exactly how and why the judgment entered into in your case is unfair, not in accordance with the law, and/or was based upon inaccurate or incomplete information.

Contact Our Hackensack Family Law Appeal Lawyers Today

At The Law Office of Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to secure fair and favorable family law judgements of all kinds, and appeal family law decisions when they do not accurately reflect the circumstances or needs of our clients in towns across Bergen County, including Ridgewood, Paramus, Teaneck, Hackensack, and Fort Lee.

By practicing exclusively family and divorce law, our firm can focus on providing each of our clients with the knowledgeable, effective, and compassionate legal counsel that they need and deserve in matters critical to their legal, parental, and financial futures.

To speak with our family law appeals team today in a free and confidential consultation regarding the potential for securing an appeal of a family law order, and how we can help you to do so, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

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