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What are the steps in appealing a family law decision in New Jersey?
When you dissolve your marriage, a judge has the authority to determine critical matters that will apply to the termination of your marriage. This includes family law matters involving child custody, child support, alimony, and the division of assets. Sometimes, during a divorce, the outcome of your case may not match your wishes. If you want to challenge a judge’s decision regarding a family law matter, you need a seasoned Ocean County Family Law Attorney who can help you file an appeal. Keep reading to learn how to appeal a family law decision in New Jersey.
What family law matters can be appealed in New Jersey?
In family court, when you dispute an issue, you can file an appeal regardless of the specific legal matter at hand. However, you cannot appeal a family court decision because you are unhappy with the outcome or disagree with the judge’s decision. You are only permitted to file an appeal if you believe that the judge has abused his or her power or has made an erroneous decision. Essentially, if you believe that the judge has made a mistake or did not have the authority under the law to make the decisions outlined in their ruling, you can challenge a family law decision by filing an appeal.
Before you file an appeal, you should first consult an experienced attorney as the appeal process is often time-consuming and costly. Although you have the right to file an appeal, that does not guarantee a more favorable outcome. That being said, you should consider the chances of success of the appeal to ensure you do not waste time or money. Additionally, you should consider whether an appeal will encourage your former spouse to file a cross-appeal which will prolong the process. After taking into account these factors, if you determine that it is in your best interest to contest a family law decision made by a judge, you may consider filing an appeal.
How long do I have to appeal a judge’s ruling?
In New Jersey, if you want to appeal a family law decision, you must do so within 45 days of the final judgment. Therefore it is critical to act quickly to ensure you do not miss this deadline. If you fail to file your appeal within this timeframe, you will forfeit your right to challenge the judge’s decision. However, remember that judges consider several factors when deciding on a family law matter. Therefore, it can be difficult to overturn a judge’s decision.
Navigating the appeals process can be challenging. However, with the help of a reliable attorney from the Law Office of Sarina Gianna, LLC, you can increase your chances of achieving a favorable outcome. Our firm is prepared to help you navigate the appeals process to challenge a family law decision.
