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If you’ve been through the emotional ordeal of divorce only to receive a decree that does not accurately reflect the circumstances of your case and their intersection with your rights, you may be feeling hopeless, but it’s important to know that help is available. In some situations, divorce appeals are possible, and if you’re facing a divorce appeal that you need to fight, exploring your options is key. Run to an experienced Marlton divorce appeals attorney for the help you need.
The Basis of a Divorce Appeal
In New Jersey, a divorce appeal requires an appellate court review to overturn a trial court’s legal decision, such as a divorce decree. An appeal can only be sought under highly specific circumstances, and the grounds include each of the following:
- The trial court failed to make sufficient findings of fact, which means it failed to adequately explain its reasoning for ruling as it did
- The trial court failed to address all the relevant issues
- The trial court failed to correctly apply controlling law – or the laws as they apply to your case
- The trial court failed to conduct a full hearing – in those cases in which it is necessary to do so
- The trial court abused its discretion in the matter by ruling contrary to the evidence presented
You Must Act Quickly
If you believe that your divorce terms are not in keeping with your parental or financial rights or if your ex is appealing your divorce case, it’s time to take action. The first order of business is consulting with an effective divorce appeals lawyer and keeping the following tight deadlines in mind:
- You have only 45 days to file an appeal following a final divorce judgment
- You have only 15 days to submit a cross-appeal after receiving notice of your ex’s appeal filing
Your Divorce Terms
Divorce appeals are generally based on how one or more of the divorce terms were resolved by the court. While every divorce is utterly unique to the circumstances involved, the terms that apply don’t vary, and they include each of the following:
- The fair and equitable division of marital property, which refers to those assets the couple acquired over the course of their marriage – regardless of who made the purchase or whose name is attached
- Legal custody, which addresses parental decision-making authority, and physical custody, which addresses parenting time
- Child support, which is generally the higher-earning parent’s financial obligation
- Spousal support, which many people call alimony
Consult with an Experienced Marlton Divorce Appeals Lawyer Today
The proactive Marlton divorce appeals attorneys at Weinberg, Kaplan, & Smith, P. A. – serving counties throughout South Jersey, including Camden, Burlington, and Gloucester – are committed to harnessing the full force of our imposing experience in our quest to effectively and efficiently protect your rights. Learn more about what we can do to help you by reaching out and contacting us online or calling us at 856-795-9400 today.