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Can I Appeal the Decisions of My New Jersey Divorce?

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Can I Appeal the Decisions of My New Jersey Divorce?

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
  • Alimony
  • Custody
  • 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.

Practice Areas

Mediation Services

Our firm believes that exploring alternatives to litigation can greatly benefit our client. Our firm’s established mediation practice can help you resolve family law issues more efficiently, amicably and at a lower cost. If you are interested in knowing more about our mediation services, contact the firm to discuss your situation.

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –

“This firm and it's team are the best out there, hands down. Robyn Ross helped me through a difficult time. Something that should have been...”

– Nestor –

“Robyn navigated me through a difficult period and explained every piece of the process in great detail along the way. I know in the end...”

– Clarissa –

“Robyn Ross handled my two cases and won both, her passion and expertise was beyond a 5-star rating. She communicated with me through both cases...”

– Abdul –

“Liz represented me throughout a long and difficult divorce process. She was a godsend. Her knowledge, compassion, dedication, and commitment are unparalleled. I can not...”

– Peter –

“The hardest part of going through a divorce or separation is the children. I’m so thankful that I had this firm represent my case. Ross...”

– Paula –

“This is a great counsel team. Very knowledgeable, professional and compassionate. They also make you feel like you are their only client, very attentive!”

– Bettyna J. –