Teaneck Divorce Appeals Lawyer
You decide that you want to file for divorce. You work with your divorce attorney, but settlement negotiations fail. The divorce trial takes a few days to finish, and the final decision is made. After reviewing what the Court ordered, you do not agree with the final decision. An experienced Teaneck divorce appeals lawyer can help you navigate the process.
How to Begin the Appeals Process
Either party can appeal a contested divorce decision. A contested divorce is a divorce where a trial was held and the Judge decided property division, custody, child support, and other issues. However, if your divorce was uncontested, meaning you and your spouse entered into an agreement without a trial, you cannot file an appeal.
To file an appeal, a person must file a Notice of Appeal. A Notice of Appeal informs the other party and the Court that a person intends to appeal the final decision.
A Case Information Statement must be completed as well. With the Case Information Statement, a person must attach a signed copy of the final judgment, order, or decision listed on your Notice of Appeal.
A person must also request a transcript of their case from the Appellate Division. The transcript is a written record of everything that was said during the divorce trial. The cost of the trial transcript varies depending on the length of the trial. The longer the trial, the more expensive the transcript will be. A Teaneck attorney can help a person draft and file the necessary paperwork to start your divorce appeal.
What is a Brief?
Once a person files all the initial documents, they need to draft and file a written legal argument as to why a person disagrees with the Court’s decision. The brief discusses the facts of the case, what mistakes were made, and what relief the person is seeking. Having a knowledgeable Teaneck lawyer assist in researching and writing a divorce appeal ensures the arguments are concise and clear.
Along with the brief, a person must submit an appendix. The appendix contains copies of relevant evidence that was considered by the trial court. A person cannot submit anything new in the appendix, and only documents that were submitted to the lower Court can be included in an appendix. An experienced attorney can help you draft a brief and appendix to include case law that supports the position and ensures the arguments are clear and all documents are included.
What is the Timeline for Filing an Appeal?
When a person decides to appeal the Court’s decision, they must do so within 45 days of the date of the final judgment. Typically, the brief and appendix are filed 45 days after a person receives the transcript. The other party then has 30 days to file their brief that responds to the arguments. When a person receives the other party’s brief, they have an additional 10 days to file a reply brief. A Teaneck lawyer can assist a person in understanding the deadlines for the documents.
Once all the briefs have been received, the Clerk’s Office will schedule the appeal to be decided. The judges will review the briefs, appendix materials, and transcripts. A person can request oral arguments, which means their attorney would be present in the courtroom and the judge would be allowed to ask questions about the case and argument. After reviewing the record, the Appellate Court will determine if an error was made.
Reach Out to a Teaneck Divorce Appeals Attorney to File a Case
Appealing your divorce decision is not a quick process. It can take a year or more to get a final decision regarding your appeal. Your Teaneck divorce appeals lawyer can ensure all deadlines are met and that your argument is clear. Moskowitz Law Group can answer all your questions throughout the divorce appeal process. Call now to learn more about filing an appeal.
