When you get divorced, a judge may make a number of decisions on your behalf. These decisions may involve matters of child custody, child support, alimony, and more. While the judge is working hard to rule in a way that is fair to both parties, you may not be happy with the outcome of your divorce. In this case, you may need to file an appeal. Read on to learn more about the process of appealing a divorce ruling in New Jersey.
What matters can be appealed?
It is important to know that you can file an appeal when it comes to almost any family law/divorce matter. This can include child custody, child support, spousal support, the division of assets, attorney’s fees, and more.
What does the process entail?
It is important to note that you should not file an appeal because you simply disagree with the judge’s decision. Generally, you should only file an appeal if you believe the judge abused his or her discretion or ruled erroneously. The appeals process can be long and expensive. To file an appeal you and your attorney will have to:
- Identify the issues to be appealed
- File a notice with the Appellate Division
- Obtain the necessary trial court documents and exhibits to send to the appellate court
- Obtain the transcript of the trial
- Perform legal research to support the argument of the appeal
- Prepare and file ga brief to set forth the facts of the case and the relevant law
- Make an oral argument before the judges of the appellate court
What to consider when filing an appeal:
Before filing an appeal, it is important to speak with an experienced family law attorney. Before 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
If you are interested in filing an appeal, our firm is here to help. Reach out to discuss your options with an experienced attorney today.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928