Divorces can often result in spouses finding themselves disappointed in the outcome, especially when decisions are put into the hands of a judge. They may even believe that the judge has made a mistake. Individuals who feel this way may look into filing an appeal regarding the decisions of their divorce. If you are considering this process, continue reading to learn what parts of a decree can be appealed, when you should file an appeal, and what to expect during the appeals process. Reach out to a knowledgeable New Jersey divorce attorney to walk you through each step of this process with your best interest in mind. Do not hesitate to contact to our firm today with questions.
What parts of a decree can be appealed?
If you are unhappy with the final decision of your divorce, you might be curious about what parts of a decree can be appealed. Almost every divorce decision made on marital issues can be appealed including the following:
- Child support
- Parenting time
- Equitable destruction
- Attorney’s fees
When should I file an appeal?
There is a deadline for filing an appeal regarding marital decisions in a divorce case. Your attorney will ensure you file within 45 days from the date that the final order of your divorce was made. However, your attorney will want you to consider the best course of action for your case prior to filing your appeal to ensure you are making the best decision for your circumstances. They will have you consider the following factors:
- The cost of an appeal
- The likelihood of the success of the appeal
- The length of time the appeal is expected to take
- The risk that an appeal will encourage a cross-appeal by the former spouse
- Whether the judge had the authority under the law to make the decisions set forth in the decree
What can I expect during the appeals process?
The appeals process can take anywhere from a few months to over a year depending on the facts that are presented in the case. You can expect the following steps during the appeals process of a divorce case:
- File a brief to set forth the facts of the case and the relevant law
- File a notice with the Appellate Division
- Identify the issues to be appealed
- Obtain the transcript of the trial
- Perform legal research
- Make an oral argument before the judges of the appellate court
- Obtain trial court documents and exhibits to send to the appellate court
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.