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. In New Jersey, an appeal is a formal request to a higher court to review whether the trial judge made a legal mistake when issuing the decision. Appeals do not involve retrying the case, but rather focus on whether or not the law was applied correctly. Read on to learn about the process.
When Can You Appeal a Family Law Decision in New Jersey?
If you disagree with the outcome of your family law case, whether it is a divorce matter, a custody request, or an alimony modification, you may wonder if you have the right to challenge the decision. In many instances, you may pursue an appeal if you believe that the trial court judge made an error in their application of the law or misinterpreted the law when making a ruling.
Appeals do not involve retrying the entire case, but rather the appellate court must review whether the law was properly applied when the initial ruling was issued. As such, the Appellate Court will not consider new testimony or evidence.
An appeal in a New Jersey family law case allows a higher court, known as the Appellate Division, to review whether or not the trial judge made a legal error. In general, these claims often surround allegations that the judge failed to properly apply the law, failed to consider evidence, or abused their judicial discretion when issuing a decision.
Family Law Matter That May Be Appealed
- Child custody decisions that determine legal custody or parenting time
- Child support rulings that ultimately impact financial support
- Division of marital assets in accordance with the state’s equitable distribution standard
- Spousal support or maintenance awards
- Orders involving attorney’s fees or other financial obligations
When Appeals May be Appropriate
- A family law appeal asks a higher court to review whether the trial judge made a legal error
- Appeals focus on errors rather than disagreements with factual findings
- The appellate court will review records, briefs, and arguments
- If an error is found, the appellate court may modify or reverse the decision
- If no error is found, the appellate court may confirm the decision
Factors to Consider When Filing an Appeal in Bergen County
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.
Important Considerations Before Filing an Appeal
- 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 in a family law matter in Bergen County or anywhere in New Jersey, they 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 the 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
What Is the Deadline for Filing a Family Law Appeal in New Jersey?
Under court rules, appeals are subject to strict deadlines. As such, if the paperwork is not filed within the appropriate timeframe, you may lose the right to challenge the court’s decision. In most family law matters in New Jersey, you must file within 45 days of the order being issued.
Important Appeal Deadlines
- You must file a notice of appeal within 45 days of a court order
- Trial transcripts must be requested shortly after filing the appeal
- Appellate briefs must be submitted within the deadline established by the court
- The appellate court will review the case before issuing a written decision
Because appellate cases are decided based on written legal arguments and existing court records, the preparation of these briefs is often the most critical stage of the appeals process. As such, working with an experienced Bergen County family law attorney is in your best interest.
Contact Our Experienced New Jersey Family Law 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 legal assistance to help you navigate the family law appeals process, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.