What Are the Steps in Appealing a Family Law Decision?

post-judgment modification new jersey

If you believe that the courts got it wrong and that you need to appeal a family law decision, there are proper protocols to go through. It can be hard to make an argument for appealing a family law decision on your own, so you may want to contact our law firm before you make your attempt. You can meet with the Bergen County, NJ family law appeal attorneys to learn more about your options and what needs to be done.

When Can I Start Appealing a Family Law Decision?

A decision made by the trial court or appellate division can be appealed, but you need to act quickly. You must file a notice of appeal within 45 days of the judgment. Miss that window and you miss your shot to appeal a family law decision entirely. That is why it is a good idea to contact our law firm quickly if you decide to appeal. We can take the time to investigate your case, see if the appeals process would be worthwhile, and file away the necessary paperwork.

What Happens After I File a Family Court Appeal?

After you file your paperwork, the Appellate Division can hear your appeal. Appeals are generally quite brief and you are not going to be given much of a chance to make your case. You should make sure that you have a solid and concise argument for appeal, and our experienced lawyers can help you with that.

Once the judges hear your appeal, they can decide to:

  • Order a rehearing
  • Uphold the ruling
  • Issue a new judgment

They can make a unanimous decision or split two-to-one.

Do I Have Any Options if My Appeal is Denied?

If there is a split decision, you can take this matter to the New Jersey Supreme Court. You can also take your appeal to the Supreme Court if the panel made a unanimous decision, but it takes a bit more paperwork. You need to file a formal request and hope that the court will decide to hear your appeal.

The New Jersey Supreme Court can make one of two decisions here. It can decide to “grant certification” and hear your case. It can also decide to “deny certification,” meaning that your attempts at appealing a family law decision end here. The Supreme Court will look at all of the facts of your case and your attorney’s argument for why a lower court’s decision was unfair, mistaken, or not in line with established family law.

Schedule Your Consultation

Contact Townsend, Tomaio & Newmark if you want to learn more about appealing a family law decision. Our experienced lawyers are ready to assist you, and we are here to answer any questions you may have about how the appeals process works.

Read Our Latest Blog Posts

  •  How Do I Protect My 401(k) In a Divorce?
  •  Does Child Support Cover School Lunches?
  •  What Should My Prenuptial Agreement Cover?