Appeals FAQs

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Appeals FAQs

If your divorce or child custody case went to court and you believe your legal rights were not upheld, you may have legal recourse. There are instances when appeals are possible, and an experienced South Jersey divorce appeals attorney can help you with that.

Q: When can a divorce court’s decision be appealed?

A: The requirements for appealing a divorce court’s ruling are exacting and must be based on one of the following grounds:

  • The trial court failed to adequately explain why it ruled the way it did in your case.
  • The trial court failed to address all the issues relevant to your case.
  • The trial court failed to apply controlling law correctly in your case.
  • The trial court did not conduct a full hearing when it was necessary to do so.
  • The trial court ruled in a manner that was contrary to the evidence presented.

Q: How long do I have to appeal?

A: Once your divorce has been finalized, you have only 45 days to file an appeal. In other words, you will need to take speedy action, which can be difficult in the aftermath of an emotionally charged divorce. If you have questions or concerns, you’re advised to reach out to a persuasive divorce appeals attorney sooner rather than later.

Q: What if my ex files an appeal?

A: If your ex files a divorce appeal, it means they are seeking a change in the outcome of your divorce, which could leave you vulnerable to less favorable terms. The best course of action is to consult with a focused divorce appeals lawyer as soon as you’re able to do so. You have only 15 days to file a cross-appeal, which may be advised.

Q: Do I really need an attorney?

A: If you are filing a divorce appeal or are facing one, both your financial and parental rights could be on the line. In other words, the outcome of the appeal can directly affect your future, which makes it a bad idea to proceed without the professional legal representation of a knowledgeable divorce appeals lawyer.

Q: What is the divorce appeals process?

A: To successfully file a divorce appeal in New Jersey, you must follow each of the following steps:

  • File a Notice of Appeal with the court
  • Obtain a transcript of your case from the appellate division, which you will need before your appeal can be considered
  • Complete your Case Information Statement

Q: Are there fees involved?

A: Yes, there is a $250 fee to file an appeal in New Jersey. Additionally, you’ll be required to submit $300 to the appellate division within 30 days of filing your Notice of Appeal. If your appeal prevails, this amount will be refunded, and if it does not, you can use the money to cover court costs or put it toward your settlement.

You Need an Experienced South Jersey Divorce Appeals Lawyer on Your Side

The accomplished divorce appeals attorneys at Weinberg, Kaplan, & Smith, P. A., serve all of South Jersey, including Camden, Burlington, and Gloucester Counties, and have reserves of experience helping clients like you prevail with terms that support their rights and best interests. If the terms of your divorce don’t reflect your parental or financial rights, don’t wait to contact us online or call us at 856-795-9400 for the help you need today.