How to Appeal a Judge’s Decision in a New Jersey Divorce

 

It is easy to feel disheartened when a judge’s decision does not go your way in a New Jersey divorce. You may have worked incredibly hard to hire the best attorney, gather evidence, and receive a favorable legal outcome. When the judge decides on a course of action that you were trying to avoid, you may feel like the battle is lost. However, you may have the opportunity to pursue a second chance when you file an appeal.

Appealing a judge’s decision gives you the ability to push forward without giving up, but you also need to approach your appeal in an efficient manner. The best way to do this is to enlist the help of a qualified, experienced divorce attorney in New Jersey. These legal experts are extremely familiar with the appeal process, and they can help you move forward with confidence.

What is an Appeal?

When someone files an appeal, they are asking a higher court to reconsider the decision made by a lower court. The person filing the appeal generally believes that some kind of mistake was made, and the entire situation deserves a second pair of eyes in order to ensure a fair final decision.

When Can You File an Appeal?

You can only file an appeal in very specific situations when it comes to New Jersey divorces. First of all, you need to file your notice of appeal within 45 days of the final judgment. Appeals can be successful if the court failed to consider the facts carefully enough. An appeal may also be successful if there was actually a major mistake made when applying the law. In other situations, an appeal may be justified if the court failed to resolve certain disputes, or it simply abused its power.

Other Options

An appeal is not your only option if you are unhappy with the decision. You can also bring a motion to reconsider, or a motion to set aside judgment. These options can only succeed if you clearly show that there was a serious mistake. In addition, you can take this option if you know for a fact that the other party engaged in fraud or misrepresentation of the fact. A common example is if your spouse concealed assets.

Things to Remember

It is important to remember that you cannot simply appeal a decision because you did not like it. There has to be a legitimate reason for the appeal, and you must clearly show that the decision of the court has been thrown into question. In addition, you should consider the fact that appeals in divorce cases are rarely successful, and there is a strong element of risk involved. If you fail, you could be ordered to pay your former spouse’s legal fees.

Enlist the Help of a Qualified Attorney Today

If you have been searching the New Jersey area for a qualified, experienced divorce attorney, look no further than Giro, LLP, Attorneys at Law. We have considerable experience with all aspects of a divorce, including the appeals process. If you would like to move forward with your appeal in the most efficient way possible, we can help. Reach out today, book your consultation, and we can develop an effective plan together.