If you have gone through a litigated divorce, a judge may have made a number of decisions on your behalf regarding matters of child support, child custody, alimony, and more. Judges will work hard to rule in a way that is fair to both parties. However, you may still not be happy with the outcome of your divorce. You may need to file an appeal in this case. To learn more about appealing a divorce ruling in New Jersey, continue reading and contact our Bergen County divorce attorney.
What matters can be appealed?
You can file an appeal regarding almost any family law or divorce matter including child custody, child support, spousal support, the division of assets, attorney’s fees, and more.
What can I expect during the appeals process?
You should not file an appeal simply because you disagree with the decision that has been made. Instead, you should only file an appeal if you believe the judge abused their discretion or ruled erroneously. You and your attorney will have to complete the following steps to file an appeal:
- Obtain the transcript of the trial
- Identify the issues to be appealed
- Obtain the necessary trial court documents and exhibits to send to the appellate court
- Make an oral argument before the judges of the appellate court
- Prepare and file a brief to set forth the facts of the case and the relevant law
- File a notice with the Appellate Division
- Perform legal research to support the argument of the appeal
The appeals process can be long and expensive. It is important to think this decision through and to be sure this is not an impulsive decision.
What should I consider when filing an appeal?
It is in your best interest to speak with an experienced Bergen County divorce attorney before filing an appeal. You and your attorney should consider the following factors before you make your decision:
- The risk that an appeal will encourage a cross-appeal by the former spouse
- Whether the judge had the authority under the law to make the decisions set forth in the decree
- The cost of an appeal
- The likelihood of the success of the appeal
- The length of time the appeal is expected to take
Contact our experienced Bergen County firm
At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.