Leaving the decisions of marital issues in the hands of a judge can often result in spouses finding themselves disappointed. They may even believe that the judge saw the case wrong or made a mistake. This often results in these individuals choosing to file an appeal regarding the decisions of their divorce. Continue reading to learn what parts of a decree can be appealed, when you should file an appeal, and what to expect during the appeals process. Reach out to a knowledgeable New Jersey divorce attorney to assist you through the appeals process. Do not hesitate to reach out to our firm if you have any further questions.
What parts of a decree can be appealed?
An appeal can be fined in regard to almost every decision made on the martial issues in the case such as parenting time, alimony, child support, custody, attorney’s fees, and equitable distribution.
When should I file an appeal?
45 days from the date that a final order of your divorce is made is the deadline for filing an appeal regarding marital decisions in a divorce case. However, before filing an appeal, an experienced attorney will help you consider the best course of action for your case and if appealing is the best route for you to take. They will help you consider the following factors to understand your options:
- The length of time the appeal is expected to take
- The cost of an appeal
- The risk that an appeal will encourage a cross-appeal by the former spouse
- 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
What can I expect during the appeals process?
The appeals process timeline can take from months to over a year depending on the facts represented in the case. The appeals process will include the following steps:
- Obtain trial court documents and exhibits to send to the appellate court
- File a brief to set forth the facts of the case and the relevant law
- Make an oral argument before the judges of the appellate court
- File a notice with the Appellate Division
- Identify the issues to be appealed
- Obtain the transcript of the trial
- Perform legal research
To begin this process, reach out to an experienced New Jersey divorce attorney who will put your goals first and prioritize achieving the best possible income for your legal process ahead. Do not hesitate to contact our firm today to schedule an initial consultation and begin this process.
Contact our experienced New Jersey firm
If you require strong legal representation for matters related to divorce or family law, Haber Silver Simpson & Russoniello is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.