Some divorce processes offer more control than others. For example, if you get divorced through the process of litigation, you are putting a number of important decisions in the hands of a judge. As a result, you may not agree with all of these decisions. In this case, you may be able to file an appeal. Read on to learn more.
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?
When making a decision to file an appeal, it is important that you understand the full process ahead. This is because it can be a long and difficult process. If you intend to file an appeal, it is important that you do not wait too long. You must file within 45 days from the date that a final order is made. There are many steps that must be taken in order to file 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
There are a lot of other factors to consider when it comes to filing an appeal. You should not file an appeal because you simply dislike a decision made by a judge. Before filing, you should speak with an experienced attorney and 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 want to file an appeal, reach out to our firm as soon as possible. We are here to help.
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