The final hearing of a divorce trial should mean the situation is finally at an end and the parties can obtain closure and move on with their lives. That said, not all judgments will seem fair or satisfactory to all parties. Fortunately, in some cases, you may be able to appeal a court’s decision. When appealing, you’re essentially asking a higher court to review the decision made at the trial level and overturn that decision. Appeals have very strict deadlines and requirements, and failure to adhere to those requirements often leads to harsh penalties, such as the dismissal of your entire appeal. Here at Leslie Law Firm, our Morris County family lawyers are familiar with the appellate process and are skilled in presenting cases to appellate judges. Contact our family law appeals attorneys for guidance today.
What Can Be Appealed in New Jersey?
Not every court ruling can be appealed, but if a judge made a legal error or abused their discretion, you may have grounds to challenge the decision. In New Jersey, family law appeals typically involve rulings related to the following:
- Final Divorce Judgments: If a trial court’s final decision regarding property division, alimony, or child custody is unfair due to a legal mistake, you may seek an appeal.
- Child Custody and Parenting Time: When custody determinations do not align with the child’s best interests due to a misinterpretation of facts or law, an appeal may be warranted.
- Child Support and Alimony Awards: If the court improperly calculated support obligations or failed to consider relevant financial factors, you may have a case for appeal.
- Equitable Distribution of Assets: A court’s division of marital property must adhere to New Jersey’s equitable distribution laws; errors in this process can be appealed.
- Domestic Violence Restraining Orders: If a final restraining order was issued or denied based on incorrect application of the law, you may be able to appeal the decision.
- Post-Divorce Modifications: If a judge improperly ruled on a request to modify child support, custody, or alimony, an appeal might be necessary.
It’s important to note that an appeal is not a retrial but rather a legal review of the original case.
The Family Law Appellate Process in New Jersey
The appellate process in New Jersey is complex and highly procedural, requiring strict adherence to deadlines and legal standards. Below is a general outline of how an appeal progresses in a family law case:
- Filing a Notice of Appeal: The first step in appealing a decision is filing a Notice of Appeal with the Appellate Division of the New Jersey Superior Court within 45 days of the trial court’s final judgment. Missing this deadline can result in dismissal.
- Preparing the Record on Appeal: The appellant (the party appealing) must submit relevant trial court records, transcripts, and evidence to the appellate court. This ensures the reviewing judges have a complete understanding of the case.
- Briefs and Legal Arguments: Both parties submit written arguments–called appellate briefs–outlining the legal errors made by the trial court and why the decision should be upheld or overturned. The appellant argues why the ruling was incorrect, while the respondent defends the original decision.
- Oral Argument (if granted): In some cases, the appellate court may schedule oral arguments, where attorneys for both sides present their cases before a panel of judges. The judges may ask questions to clarify legal points.
- Appellate Court Decision: After reviewing the case, the appellate judges will issue a written opinion. They may affirm (uphold), reverse (overturn), or remand (send the case back to the lower court for reconsideration).
- Further Appeals: If the Appellate Division rules unfavorably, a party may petition the New Jersey Supreme Court for review, though this is granted only in select cases involving significant legal issues.
Given the strict procedural rules of appeals in New Jersey, having an experienced Morris County family lawyer in your corner is critical to maximizing your chances of a successful appeal.
Contact Our NJ Family Law Appeals Attorneys Today
If you’re looking to appeal a family law decision, don’t do it alone. Our seasoned New Jersey family law appeals attorneys stand ready to effectively represent your interests and work toward the outcome you deserve. Contact Leslie Law Firm today to schedule your initial consultation with our dedicated legal team.
