Can I Appeal a New Jersey Divorce Judgment?

Usually, when a judge makes a divorce ruling, the decision is final. However, you can appeal the decision if you believe the court’s ruling was not legally sound. If you believe that your New Jersey divorce case was not decided in a manner that adheres to New Jersey law, you may have the option to appeal your divorce ruling. Appealing a court decision is different from modifying a court decision. While a modification addresses changes in circumstances, a divorce appeal is based on illegal or improper divorce proceedings. If you are considering appealing your New Jersey divorce judgment, it is crucial to note that divorce appeals are complex and time-sensitive. If you are considering appealing your New Jersey divorce judgment, you should retain the services of a skilled divorce attorney who can guide you through this process. Read on to learn more about appealing a New Jersey divorce judgment.

Grounds for Appealing a New Jersey Divorce Judgement

You cannot appeal your New Jersey divorce judgment simply because you are dissatisfied with the court’s decision. You must have valid grounds for appealing your divorce judgment. The following are the reasons that might justify appealing an NJ divorce judgment;

  • Failure to address all issues
  • Failure to make sufficient findings of fact
  • Failure to conduct a full hearing when necessary
  • Failure to apply laws correctly
  • Abuse of discretion

How Long Do You Have to Appeal a Divorce Judgment in NJ?

In New Jersey, there is a deadline for filing a divorce appeal. You generally have 45 days from the day the final divorce judgment was entered to file an appeal. If you fail to adhere to this deadline, you may lose your right to appeal. However, if you have a valid reason for failing to file your appeal, you may be able to file a motion with the court requesting an extension. However, it is not guaranteed that the court will grant your request.

If you believe that you have a valid ground for appealing your NJ divorce judgment, it is crucial that you contact an attorney as soon as possible. An attorney can help you take prompt action to protect your rights.

Which Parts of a Divorce Judgment Can You Appeal?

Almost all aspects of a divorce judgment can be appealed if there are legal errors or issues that warrant review by a higher court. Some common elements of a divorce judgment that may be appealed include property division, child support, alimony, and child custody.

What is the Appeal Process in New Jersey?

Divorce appeals can be complex. If you are seeking to appeal your NJ divorce judgment, you should work with a qualified appellate attorney. A qualified appellate lawyer can guide you through every step of the appeals process. The typical appeals process in NJ includes the following steps;

  • Filing a Notice of Appeal with the Appellate Division
  • Acquiring trial court documents and exhibits
  • Obtaining the transcript of the trial
  • Submitting appellate briefs
  • Presenting oral arguments

Contact Our Experienced New Jersey Divorce Lawyer

For legal guidance, contact our qualified New Jersey divorce lawyer at the Trabosh Law Firm.

Posted in