While many people try to avoid divorcing through litigation, sometimes circumstances may require them to go to court anyway. When this happens, the state of their marital situations is left in the hands of the judge. Spouses who are unable to make their own decisions are often left disappointed by those of the judge. They may believe the judge saw the case wrong or made a mistake. These situations can often lead to an appeal. When considering an appeal, it is important to consult an experienced New Jersey divorce attorney to provide guidance on the matter.
What Parts of a Decree Can be Appealed?
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.
When Should an Appeal be Filed?
Appeals should only be filed after thorough discussions with an attorney to determine whether or not it is called for in your case. During this time, the following factors should be considered:
- 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
It is important to know that there is a deadline for filing an appeal. This is 45 days from the date that a final order is made.
What is the Appeals Process?
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
This process can take anywhere from months to over a year depending on the facts of the case.
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.