When you get a divorce through the court, many matters of your divorce will be left in the hands of a judge. You may not always agree with the decisions a judge makes on your behalf. In this case, spouses who are unhappy with the final decisions of their divorce can file an appeal. It is important to know that this can be done in regard to almost every decision regarding the case. This can include arrangements such as custody, child support, parenting time, alimony, equitable distribution, and attorney’s fees. Read on to learn more about the appeals process in New Jersey.
Under What Circumstances Should I File an Appeal?
Filing an appeal can be a very long, difficult, and expensive process. Appeals should only be filed after thorough discussion with an experienced attorney. When deciding whether to file an appeal, you should consider 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?
If you intend to file an appeal, it is important that you do not wait too long. There is a deadline for filing an appeal. This is 45 days from the date that a final order is made. There are many steps that must be taken through an appeal. This 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 wish to file an appeal, our firm is here to help. Reach out today to speak with an experienced family law attorney today.
Contact our Firm
We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.