Regardless of the issue you are disputing in family court when your case concludes, the judge’s final ruling may not align with the outcome you had in mind. When this is the case, you have the right to appeal decisions related to divorce. These decisions include child custody, spousal support, paternity, the division of assets, and more. As your emotions run high, deciding whether or not to file an appeal can be challenging. If you believe that a judge made a mistake or acted outside of their discretion, contact our trusted Monmouth County Family Law Attorneys who can help you navigate the complex appeals process. Continue reading to learn whether filing an appeal is in your best interest.
What are the steps in appealing a family law decision in New Jersey?
Once the judge has made their final judgment regarding a family law matter, you can file an appeal. An appeal is essentially a request made to the higher court to review the trial court judge’s decision. An appeal is not a rehearing. With an appeal, the higher court will review the trial record and examine whether the judge had the authority under the law to make the decisions dictated in their ruling. Essentially, they will determine whether the judge acted in their discretion. However, it is critical to note that you cannot file an appeal because you disagree with the judge’s ruling. The only time you are permitted to file an appeal is when you believe that the judge has abused their power or made an erroneous decision.
Furthermore, before appealing a family law decision, you should consult a qualified attorney. The decision to appeal is often very difficult. Although you can appeal, the pressing question is whether you should do so. If you believe there has been a serious injustice in your case, the answer may be straightforward. However, the appeal process is costly and time-consuming. The appeal process can take anywhere from six months to a year and potentially cost you thousands of dollars. That being said, you must ensure that disputing a family law decision makes economic sense. If after discussing your legal options with an experienced attorney, you decide to proceed with the appeal process, you must file your appeal within 45 days of the judge’s final judgment.
If you want to appeal a family law decision, you must act quickly because you have a limited timeframe. Therefore, you should contact a determined Monmouth County family law attorney as soon as possible. Although overturning a family law decision can be difficult, filing an appeal may help you reach a more favorable outcome. Our firm is prepared to offer you quality legal counsel to ensure you make the right decisions that protect your interests.