It is not uncommon for individuals who have gone through a divorce to be disappointed in the outcome. It is possible that they believe the judge saw the case wrong and possibly made a mistake. This is where you might consider filing an appeal. If you are considering this route, you should first retain the services of a knowledgeable New Jersey divorce attorney who will assist you through this process with your best interest in mind. Do not hesitate to reach out to our firm today to discuss your options and schedule an initial consultation. Continue reading to discover what parts of a decree you can appeal, when you should file an appeal, and what to expect during the appeals process.
What parts of a decree can I appeal?
It is possible for spouses to file an appeal with the court if they are unhappy with the final decision of their divorce. Almost every divorce decision can be appealed regarding decisions made on marital issues including child support, parenting time, alimony, custody, equitable destruction, and attorney’s fees.
When should I file an appeal?
The first step you should take when you are considering filing an appeal is to gain the services of an experienced attorney. They will be able to help you consider the best course of action for your case and if you should appeal altogether. They will help you to consider the following factors to understand your options:
- The likelihood of the success of your appeal
- The risk that an appeal will encourage a cross-appeal by your former spouse
- The cost of an appeal
- The time the appeal is expected to take
- If the judge has the authority under the law to make decisions set forth in the decree
Once you have considered these factors and decided to continue the process, you will learn the deadline for filing an appeal regarding marital decisions in a divorce case. Your attorney will ensure you file within 45 days from the date that a final order is made.
What is the appeals process?
The appeals process during a divorce case includes the following steps:
- Identify the issues to be appealed
- File a notice with the Appellate Division
- Obtain trial court documents and exhibits to send to the appellate court
- Obtain the transcript of the trial
- Perform legal research
- 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
It is possible for this process to take anywhere from months to over a year. The time period will depend on the facts that are presented in the case.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
If you require strong legal representation for matters of divorce and family law in Rumson, Monmouth County, or anywhere in New Jersey, contact The Law Offices of Paone, Zaleski & Murphy to schedule a consultation with one of our experienced attorneys today.