What can you do if you disagree with a family law decision? You can file an appeal. Our New Jersey divorce and family law attorneys can help you with this, but it’s also important to know when filing an appeal is worthwhile. You should talk things out with an attorney and carefully weigh your options here.
When Can I File an Appeal?
You can file an appeal any time you disagree with a judge’s decision. When it comes to family law decisions, it’s possible to appeal judgments relating to matters like:
- Division of assets
- Child support
- Alimony
- Child custody
- Attorney fees
This can be a big time investment though, so it’s a good idea to be absolutely positive that you want or need to reverse this judgment before you begin the process.
How Do I Know If Filing an Appeal is Worthwhile?
Because an appeal can end up being quite expensive, it’s wise to consider whether or not escalating matters to the Appellate Division is a worthwhile endeavor. If you believe that the judge made an obvious mistake or abused their power, then filing an appeal does make sense. If you simply do not like the decision but cannot find any good argument to reverse it, appealing is probably just going to cost you more money and waste everyone’s time.
How Long Do I Have to File an Appeal?
You have a limited amount of time to appeal a family law decision. The process must be started within 45 days of the final judgment being handed down. If you try to take action after that deadline has passed, you are not going to be able to fight that decision.
How Can a Lawyer Help Me?
An experienced family law attorney can help you with your appeal in a few ways. This is a multi-step process, and knowing exactly what needs to be done at each stage can make things go a little smoother. Your lawyer can help you:
- File a notice with the Appellate division
- Identify which issues need to be appealed
- Gather all documents that the appellate court requires, including the transcript of the original trial
- Find a solid legal argument for the appeal
- Write and file a brief that outlines your argument and references applicable laws
- Make your argument in front of the court
It can be hard to file an appeal and do the necessary legwork and research on your own. Fortunately for you, our attorneys have plenty of experience with this kind of thing and they’re ready to put this experience to work for you.
Talk to an Attorney Today
If you are considering going to the appellate court because a family court decision did not go your way, contact Townsend, Tomaio & Newmark. We can tell you more about this process and whether or not this is the right option for you.
