Navigating the complexities of family law can be challenging. Misunderstandings, emotions, and the unfamiliarity you may feel with the legal process can often lead to outcomes that may not seem fair or equitable. DeTommaso Law Group, we understand how such decisions can deeply affect your life and the lives of your loved ones.
Family law matters that may require appeal if the court made mistakes:
- Divorce settlements
- Property division
- Spousal support
- Child custody
- Child support
- Visitation
If you believe the court made a mistake, you may have the option to appeal the decision. Our firm is here and ready to guide you should you want to pursue this. This blog aims to shed light on the intricacies of appealing a family law decision in New Jersey, offering valuable insights and practical advice along the way.
Do You Have Grounds to Appeal?
You may feel confused and overwhelmed in the wake of an unfavorable family law decision. You may even be feeling angry and let down by the system. This is common, and you are not alone in this. In these types of situations, your first step should be to take a moment and look back over the case, preferably with the guidance of experienced family law counsel. Doing so can help you understand what has happened, identify if mistakes were made, and whether the outcome necessitates an appeal.
Understanding the grounds for an appeal is fundamental to the success of your case. There are three primary categories under which your case may qualify for an appeal:
- Errors in Law: This ground refers to instances where the judge may have misunderstood or misapplied the law in your case. It could be anything from misinterpreting a legal principle to ignoring precedents set by higher courts. Law errors can significantly influence your case's outcome, making them a solid ground for appeal.
- Procedural Irregularities: Procedural irregularities occur when the proper court proceedings aren't followed during your case. This might include issues like improper admission or exclusion of evidence, bias on the judge's part, or inadequate notification of court proceedings. These irregularities can undermine the fairness of your trial, thus serving as a legitimate reason for appeal.
- Discovery of New Evidence: If new evidence emerges that could substantially impact the outcome of your case, it may serve as grounds for an appeal. However, this evidence must be something that wasn't known or couldn't have been discovered with reasonable diligence at the time of the trial.
Evaluating your situation against these grounds for appeal is essential before proceeding. Consultation with your attorney can help determine if your case fits into these categories, increasing the chances of a successful appeal.
Filing a Notice of Appeal
Once you have decided to appeal, the first formal step is to file a Notice of Appeal with the Appellate Division of the Superior Court. This document notifies the court and the opposing party of your intention to appeal the decision. Ensure that you adhere to the specified time limits for filing the notice, as failure to do so may result in the dismissal of your appeal.
Note: an appeal cannot be filed until the final judgment for your case has been entered. Those who want to appeal some aspect of their case before their final judgment has been issued may be able to do so by filing a motion for leave of appeal, essentially a request for permission to appeal.
Generally speaking, you have 45 from when a final judgment is issued to file your appeal.
The Cost and Time Investment of Appeals
It's essential to understand that the appeals process can be both time-consuming and expensive. The filing fee for an appeal alone stands at $250. In addition to this, you will need to account for the cost of acquiring court transcripts, a necessary part of your appeal record. This can be a significant expense, often surpassing $1000 in court fees alone, not to mention your attorneys' fees.
Furthermore, the appeal process demands a considerable investment of time, as it involves a meticulous review of the trial record, comprehensive legal research, and the preparation of a persuasive appellate brief. Thus, when considering an appeal, it's crucial to weigh these factors against the potential benefits of a successful appeal.
If you are unsure if filing an appeal is in your and your family's best interests, call our law firm for guidance. The team at DeTommaso Law Group is standing by to help you find a path forward.