Hackensack Divorce Appeals Lawyer
If you believe the Court reached the wrong decision in your divorce proceeding, you should speak with a Hackensack divorce appeals lawyer immediately. You could have an opportunity to appeal a decision from a contested divorce proceeding.
A seasoned divorce attorney is ready to discuss the facts of your case and guide you through the appeals process. Timing is of the essence because the Court Rules provide a limited window to file an appeal.
Filing Requirements for Appeals
The first step in filing an appeal is filing a notice of appeal with the New Jersey Superior Court’s Appellate Division. The person seeking an appeal must file the notice of appeal within 45 days of the final judgment, according to N.J. Court Rule 2:4-1.
The Appellate Division also has discretion to allow appeals of certain court orders before a final judgment is made, known as an interlocutory appeal, under N.J. Court Rule 2:2-4. According to N.J. Court Rule 2:5-6, an appellant must file a motion for permission to file an interlocutory appeal within 20 days of receiving the order they wish to appeal.
The State imposes a $250 filing fee for a notice of appeal and a $50 filing fee for a motion for leave to file an interlocutory appeal.
When seeking an appeal, a person is asking that the Appellate Division overturn or modify the trial court’s decision. The Appellate Division will make its decision based on the existing trial record. To give the Appellate Division a full picture of the facts, a person must obtain a certified transcript of their trial or hearing and submit this record with their appeal. Additionally, each party in an appeal must complete a case information statement, appellate brief, and an appendix containing all documents on which the trial court based its decision.
Unlike a trial, the Appellate Court will make a final decision based on the arguments presented in the written briefs submitted by each party and each party’s attorney’s arguments made at oral argument. This is also why transcripts and other relevant documents are necessary to give the Court a clear picture of the facts and issues. An appeals panel will not consider new evidence or evaluate witness credibility.
Obtaining an attorney is incredibly important during the Hackensack appeals process, as the notice of appeal, brief, and appendix will have to comply with extremely detailed and complex requirements. Additionally, the legal arguments made during an appeal are more detailed and complicated than those raised in the trial court.
Appropriate Grounds for an Appeal
A party cannot seek an appeal from a final divorce order merely because they disagree with the outcome. A person must show that the Court made a specific legal or factual error in its final decision.
While there is no exhaustive list of appropriate grounds for appeal, a person can allege that the trial court:
- Abused its discretion
- Failed to make adequate findings of fact
- Failed to correctly apply the controlling law
- Failed to resolve all disputes in the action
An appeals lawyer in Hackensack can review a divorce judgment or order to determine eligibility for an appeal.
Modifying a Divorce Judgment or Order Instead of Appealing
Depending on the issue, an individual who wants to change a final judgment or order from a divorce proceeding may have grounds to pursue a modification of the divorce judgment or order. Unlike an appeal, a party must file a motion for modification with the trial court that issued the ruling.
The decision to pursue a modification over an appeal will greatly depend on the specific facts and circumstances of a case. Some common issues where it may be advisable to seek a modification instead of appealing are attempts to increase or decrease child support or alimony payments or changing custody rights.
Additionally, a motion for modification can also seek to enforce certain rights in an existing judgment or order. A Hackensack attorney can explain whether the appeals or modification route is appropriate based on a specific situation.
Obtaining an Attorney is Vital in the Hackensack Divorce Appeals Process
If you believe the Court made an error during your divorce proceeding, it is in your best interests to obtain a Hackensack divorce appeals lawyer before navigating the daunting process of filing an appeal. Given the deadlines for appealing decisions from divorce proceedings, you should contact Moskowitz Law Group as soon as possible to discuss appealing your case.
