If you got divorced through the process of litigation, a judge determined the matters of your divorce. If you disagree with the judge’s decisions, you can file an appeal. You may be able to appeal almost any decision, including matters of child custody, child support, spousal support, division of assets, attorneys fees, and more. Read on to learn about the process.
Factors to Consider When Filing an Appeal
You may not always be happy with the outcome of your divorce. But, you should not file an appeal because you simply dislike the decision a judge has made. The appeals process can be long and expensive. Additionally, your appeal may not be granted in the end. It is important that you only file an appeal if you believe the judge abused his or her power or made an erroneous decision. Before making a decision, consider the following:
- 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
What is the Appeals Process in New Jersey?
When a judge makes a decision, he or she will take a number of important factors into account. Because these decisions are made so carefully, they can be difficult to overturn. In order to appeal a decision made by a New Jersey judge, you will have to partake in the following process:
- 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
This process is not easy, so reach out to a skilled family law attorney who can help.
If you have any questions or concerns about appealing a family law decision, our firm is here to help. Reach out to speak with an experienced family law attorney today.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM
Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.