Getting divorced through a New Jersey court means that many of the matters of your divorce will be decided upon by a judge, and you may not always agree with the outcome. When an individual is unhappy with the final decisions that are made by a judge in their divorce case, he or she can file an appeal. It is important to know that this can be done with regards to nearly every decision that was made by the court, including arrangements related to custody, child support, parenting time, alimony, equitable distribution, and attorney’s fees. Read on to learn more about appealing a decision in New Jersey and what the process entails.
When Should an Appeal be Filed?
When it comes to a divorce, a judge will work hard to ensure that the arrangements made are fair to both parties. As a result, an appeal should only be filed after careful consideration and thorough discussion with a skilled attorney. The decision to file an appeal can come after considering various factors regarding the situation at hand. This can include the following:
- Whether the judge had the authority under the law to make the decisions set forth in the decree
- The likelihood of the success of the appeal
- The risk that an appeal will encourage a cross-appeal by the former spouse
- The cost of an appeal
- The length of time the appeal is expected to take
What is the Appeals Process?
When filing an appeal, it is important to know the deadline for doing so is 45 days from the date that a final order is entered in the case. The steps that must take place during the appeals process can include:
- Identifying the issues to be appealed
- Filing a notice with the Appellate Division
- Obtaining necessary trial court documents and exhibits to send to the appellate court
- Obtaining the transcript of the trial
- Performing legal research to support the argument of the appeal
- Preparing and filing a brief to set forth the facts of the case and the relevant law
- Making an oral argument before the judges of the appellate court
If you are not happy with the outcome of your divorce or family law matter, our firm is here to help. Reach out today to speak with an experienced family law attorney.
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If you require experienced legal representation for a matter of Family Law, Supplemental Security Income, Medical Malpractice, Social Security Disability, or Legal Malpractice, Siragusa Law Firm is here to help. Contact our firm today to schedule a consultation so we can discuss your case.