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. Read on to learn more about the appeals process in New Jersey.
Should I File an Appeal?
The appeals process can be long and expensive. Additionally, it is important to know that the court made the decision you wish to appeal for a reason. For example, child custody and child support agreements are carefully created with a number of important factors in mind. As a result, 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
What is the Appeals Process in New Jersey?
As previously mentioned, the appeals process is typically long. 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 decide to file an appeal, you must do so quickly. In New Jersey, the deadline to file an appeal is 45 days from the date that a final order is entered in the case.
If you are unhappy with the outcome of your divorce, we are here to help. Reach out to our firm to speak with an experienced, empathetic, and dedicated attorney regarding your case today.
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If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.
