What Do I Need to Know About the Appeals Process in a New Jersey Divorce?
There are many spouses who put in their best efforts to settle their cases and ensure it does not go to trial. However, there are cases in which the case may go to court anyway and their future is left in the hands of a judge. When this happens, they may be disappointed by the judge’s ruling. This may occur if the judge sees the case differently or even made a mistake. When a person does not feel they can live with the decisions of the judge, they can retain the services of an experienced New Jersey divorce attorney to discuss their right to an appeal. An attorney can help decide whether to go forward with an appeal or to accept the decision and move on.
What Parts of a Decree Can be Appealed?
When a spouse is unhappy with the final decisions that are made by a judge in their divorce case, it is possible for them to file an appeal. It is important to know that this can be done with regard to nearly every decision that was made by the court. This can include arrangements related to custody, child support, parenting time, alimony, equitable distribution, and attorney’s fees.
When Should an Appeal be Filed?
An appeal should only be filed after careful consideration and thorough discussions with a skilled divorce attorney after believing a judge was wrong regarding your case. The conclusion 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
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.
What is the Appeals Process?
The many 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
The appeals process can usually take anywhere from months to over a year depending on the case. If it results in further proceedings by the trial court, this can result in a delay.
Contact our Firm
If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.