Sussex County Family Law Appeal Lawyers

Though courts try to make fair, balanced decisions when it comes to family law matters, they don’t always get it right the first time. Fortunately, however, in some cases, individuals may be able to appeal what they view as an incorrect decision. That said, family law appeals are complex and should only be handled by a team of experienced legal professionals. Fortunately, if you’re seeking to appeal a family law decision, you’ve come to the right place. Contact the skilled Sussex County family lawyers for assistance with your family law appeal here at Gruber, Colabella, Thompson, Hiben & Montella today.

What Family Law Decisions Can You Appeal in NJ?

In New Jersey, not every decision made in family court can be appealed, but many significant rulings are eligible, provided there are valid legal grounds. Generally, you can appeal a final judgment or order issued by a family court if you believe the decision was based on a misapplication of the law, a misinterpretation of the facts, or a procedural error that affected the outcome of your case. Some examples of appealable family court decisions are as follows:

• Final Divorce Decrees: If you believe the court made an error in distributing marital assets, awarding alimony, or ruling on other financial issues.
• Child Custody and Parenting Time Orders: If you feel the court’s custody ruling does not reflect the best interests of the child or was based on incorrect facts or law.
• Child Support and Alimony Determinations: When support calculations are inconsistent with New Jersey guidelines or improperly supported by the evidence.
• Domestic Violence Restraining Orders: If a final restraining order (FRO) was issued without proper justification or due process.

That said, interlocutory orders, which are temporary decisions made while a case is still ongoing, are generally not appealable until the case concludes, unless special permission is granted by the appellate court. Additionally, simply disagreeing with the outcome is not enough to file an appeal; you must show that a legal error significantly impacted the judge’s decision.

What is the Family Law Appeals Process?

Appealing a family law decision in New Jersey involves several critical steps and strict deadlines. A brief overview of the family law appeals process is as follows:

1. Filing a Notice of Appeal: The first step is filing a Notice of Appeal with the Appellate Division of the New Jersey Superior Court. This must be done within 45 days of the final judgment or order being entered. Missing this deadline can forfeit your right to appeal.
2. Ordering the Trial Court Record: You’ll need to order and pay for the transcripts of the original court proceedings. These records are vital, as the appellate court bases its review solely on what was presented in the lower court.
3. Preparing and Submitting the Briefs: Your attorney will draft an appellate brief outlining the legal arguments and explaining why the trial court made an error. The opposing party will also have the opportunity to file a response brief. In some cases, a reply brief may follow.
4. Oral Arguments (If Granted): Although not always required, the court may schedule oral arguments. During this stage, both sides present their positions before a panel of appellate judges, who may ask questions to clarify the legal points.
5. Appellate Court Decision: After reviewing the briefs and court record, and hearing oral arguments if applicable, the appellate court will issue a written opinion. This could result in the original decision being affirmed, reversed, modified, or sent back to the trial court for further proceedings.

Throughout this process, the appellate court does not retry the case or accept new evidence. The goal is to determine whether the original judge made a mistake that warrants a different outcome.

Contact Our Family Law Appeal Lawyers Today

Don’t face the appeals process alone. Contact the team of knowledgeable family law appeal lawyers here at Gruber, Colabella, Thompson, Hiben & Montella so we can effectively guide you through each step of the process ahead. We’re here to help ensure the courts get it right the second time.