The decisions that are made in the final judgment of your divorce may alter your life indefinitely. This is why, if you are not fully happy with the settlement agreements in place, you must fight them back with an appeal. Follow along to find out what the steps are for appealing a family law decision and how a proficient Bergen County family law attorney from McNerney & McAuliffe can walk you through it.
What are the steps in appealing a family law decision in the state of New Jersey?
You may be eligible for an appeal if you wish to modify the decision made regarding your property division, spousal support, child support, child custody, or all four. The process for filing an appeal varies from state to state. But in the state of New Jersey, the steps are as follows:
- You must identify the specific issues you wish to be appealed (i.e., property division, spousal support, child support, or child custody).
- You must file a Notice of Appeal with the Appellate Division.
- You must submit the required trial court documents and exhibits to the Appellate Court.
- You must submit the transcript of your trial to the Appellate Court.
- You must prepare an argument that supports your petition for an appeal.
- You must prepare a brief that discloses the facts of your case and laws relevant to your case.
- You must make an oral argument for an appeal in front of a judge of the Appellate Court.
What is the success rate of filing an appeal in the state of New Jersey?
As you may likely conclude from the aforementioned steps, the appeals process is not an easy one. What’s more, it is not too common that a judge of the Appellate Court will overturn the decision made by a judge of the Family Court in your divorce.
This is because they are under the impression that a Family Court judge considered a variety of important factors when crafting their ruling. So, since they believe their decision was well thought out, they may be hesitant in going against it.
With that being said, you must weigh whether the extensive and expensive process of appealing a family law decision is going to be worth it for you.
What is the deadline for filing an appeal?
You must remember that there is a countdown for when you are allowed to bring your appeal forward. That is, in the state of New Jersey, you may only have 45 days from the date that the order was issued. Otherwise, you may be indefinitely stripped from your right to appeal.
So you should not wait too long before contacting a talented Bergen County family law attorney from McNerney & McAuliffe. We look forward to hearing from you.
