Appealing a Family Law Decision in New Jersey | What to Know

Some couples get divorced through alternative methods. For example, mediation or collaborative divorce. These divorce methods give the couple a lot of control over the matters of their divorce. They can work together to come to agreements that work for both parties. But, this is not an option for everyone. Many couples get divorced through the process of litigation, leaving decisions in the hands of a judge. While there are pros to this process, you do give up some power over the outcome of your divorce. As a result, you may not be happy with the judge’s arrangements. If this occurs, you may be able to file an appeal. Read on to learn more about appealing divorce/family law matters in New Jersey.

What can be Appealed?

When it comes to appeals, it is important to know that you can file to appeal almost any family law or divorce matter determined by a judge. This can include child custody, child support, spousal support, distribution of assets, and more. But, just because you file an appeal does not mean the decision will be overturned. You should only file an appeal after careful consideration and discussion with your attorney.

What is the Process?

It is not easy to appeal a decision made by a New Jersey court. The appeals process is as follows:

  • 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

How Long do I Have to File an Appeal? 

If you wish to file an appeal, it is important to act quickly. This is because after your divorce is finalized, you will generally only have 45 days to file an appeal. Be sure to reach out to an experienced family law attorney who can help you with the process.

If you have gotten divorced in New Jersey and you are not happy with the outcome, our firm is here to help. Reach out today to speak with a skilled family law attorney.

Contact our experienced Ocean City firm

Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. Not only is your financial well-being at stake, but in a divorce, both you and your children’s emotional well-being are at risk as well. If you need a divorce and family law attorney in Ocean County, New Jersey, please do not hesitate to contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.