What to Know About Appealing a Divorce/Family Law Decision

It is possible for spouses to file an appeal if they are unhappy with the final decisions that are made by a judge in their divorce case. This can be done with regard to nearly every decision that is made by the court including custody, parenting time, child support, equitably distribution, alimony, and attorney’s fees. To learn more about appealing a divorce/family law decision in New Jersey, continue reading and reach out to our experienced New Jersey divorce and family law attorney.

Should I file an appeal?

Before you begin the appeals process, it is important to know that the court made the decision you wish to appeal for a reason. The appeal process is extensive and expensive. Due to this, an appeal should only be filed after careful consideration and many conversations with a skilled divorce attorney. You must consider the following factors with your attorney regarding the situation at hand to come to a conclusion to file an appeal:

  • The likelihood of a successful appeal
  • Whether the judge had the authority under the law to make the decisions set forth in the decree
  • The risk of a cross-appeal
  • The cost and length of time of an appeal

What should I expect when appealing a divorce/family law decision in New Jersey?

The appeals process is expected to be lengthy. This is due to the steps that must take place during the process. You can expect the following steps during a New Jersey appeals process:

  1. Identify the issues to be appealed
  2. Fie a notice with the Appellate Division
  3. Obtain the necessary trial court documents and exhibits to send to the appellate court
  4. Obtain the transcript of the trial
  5. Perform legal research to support the argument of the appeal
  6. File a brief to set forth the facts of the case and the relevant law
  7. Make an oral argument before the judges of the appellate court

You must file an appeal in a timely manner. The deadline to file an appeal is 45 days from the date that a final order is entered in the case in New Jersey. If you are looking to file an appeal, do not hesitate to reach out to our experienced and dedicated New Jersey divorce and family law attorney today.

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.

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