During a New Jersey divorce, the judge is working to rule in a way that is fair and just to both parties and any children involved. But, if you believe that the judge acted erroneously or abused his or her power of discretion, you may need to file an appeal. Read on to learn more about the appeals process in New Jersey.
What decisions can be appealed?
You can appeal almost any arrangement, including custody, child support, parenting time, alimony, equitable distribution, and attorney’s fees.
How do I file an appeal?
If you intend to file an appeal, it is important that you do not wait too long. This is because, in New Jersey, you only have 45 days from the date that a final order is made. There are many steps that must be taken through an appeal, including:
- 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
Should I file an appeal?
Filing an appeal can be a very long, difficult, and expensive process. As a result, you should only file after discussing your options with an experienced attorney. While making your decision, be sure to consider the following factors:
- 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
Divorce and family law matters can be difficult, and it is important to have someone on your side. Our firm will advocate for you every step of the way. Reach out today to speak with an skilled and dedicated attorney.
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.