Due to its difficulty, there are many couples who try to avoid divorcing through litigation. However, there are some cases that end up in court anyway. This leaves the decisions of their marital issues in the hands of the judge. When this happens, spouses often find themselves disappointed if they believe the judge saw the case wrong or made a mistake. It is important to know that when spouses disagree with the outcome of their divorce, it is possible to file an appeal. Those who are considering this route should retain the services of an experienced New Jersey divorce attorney to help navigate the matter.
What Parts of a Decree Can be Appealed?
When spouses are not happy with the final decisions of their divorce, they can file an appeal with the court. An appeal can be fined in regard to almost every decision made on the marital issues in the case. This can include arrangements such as custody, child support, parenting time, alimony, equitable distribution, and attorney’s fees.
When Should I File an Appeal?
Before filing an appeal, it is important to really consider if this is the best course of action for your case. This conclusion should be made after thorough discussions with an attorney to understand your options. During this time, it is important 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
There is a deadline for filing an appeal regarding marital decisions in a divorce case. It must be filed 45 days from the date that a final order is made.
What is the Appeals Process?
The steps that must be taken in the appeals process during a divorce case 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
It is important to note that this process can take anywhere from months to over a year. This variation can depend on the facts that are present in the case.
Contact our 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.