While securing fair and reasonable divorce agreements is much easier during the actual divorce process, there are certainly cases in which divorce judgements can be appealed after the divorce has already been finalized. For example, divorces involving improper rulings, failure to adhere to legal standards, or other irregularities which led to an unjust ruling can result in a successful divorce appeal.
If the elements of your divorce ruling were impacted by such malpractice, a formal legal appeal may serve to correct your divorce agreement and renegotiate the terms including alimony, child support, child custody, and more.
The divorce appeal attorneys of Jacobs Berger have extensive experience appealing divorce decisions for our clients. The appeals process is heavily involved and legally complex, and we take pride in keeping up-to-date with New Jersey regulations and statutes to provide the highest level of legal service. Our attorneys are dedicated to providing dynamic and personalized legal solutions to seek a beneficial outcome through your divorce appeal.
Call our office today for a confidential and comprehensive Strategic Planning Session regarding your existing divorce decision, the possibility for an appeal, and to discuss the process moving forward.
What is Considered During a Divorce Appeal?
It is important to understand that the New Jersey appeals process is not an opportunity to present new evidence or to discuss any issues which were not involved in the original proceedings. The information which will be considered during your appeal will be the evidence of your case and the events of your hearings. Essentially, our Morris County divorce appeal attorneys must show that your trial was unfair or unlawful based on the evidence presented. Successful appeals may be the result of proving that:
- New Jersey statutes were not correctly applied in your case
- The courts ruled on insufficient or unlawful evidence
- One or many disputes were not resolved during your case
- The judge abused his or her discretion to reach an unsupported or unlawful decision
- Court procedures were unlawful or incomplete
Appeals Lawyers Discuss the Divorce Appeals Process
Generally, appeals must be filed within 45 days of the final judgement in order to be considered. However, there is also a process by which individuals may file a motion to reconsider the facts of a case based on newly discovered evidence, fraudulent behavior by any parties involved, a neglectful mistake by the judge or either spouse, or if a spouse intentionally withheld or misrepresented information during your divorce proceedings. In such a case, motions may be filed up to one (1) year after a final decision (and sometimes longer in extreme cases).
Our appellate courts lawyers begin the process by submitting a formal appeal to the New Jersey Appellate Division. This request will not begin a new legal process, but is considered a continuance of your initial divorce process. Appeals are heard by a panel of judges at the Appellate courts, and will result in one of three basic outcomes:
- Your appeal may be bumped to the NJ Supreme Court. All decisions rendered at this level are final
- Your appeal may result in a retrial at the Superior Court level. This is the family court level in which your initial divorce proceedings took place
- Your appeal may be rejected by the Appellate Courts. At this point, your case will either be dropped or you may choose to petition the NJ Supreme Court to hear your case
Divorce Appeals Attorneys Differentiate Between Appeals and Modifications
Our divorce appeals attorneys understand that when many individual think of “appeals”, they are really thinking of modifications to existing divorce agreements. While both appeals and modifications may lead to a material change in your existing divorce or other family law agreements, the legal process and considerations involved are very different. Successful divorce appeals are predicated on improper or unlawful court proceedings. Modifications are often the result in changes in circumstances to one or both parties.
For example, commonly modified terms of existing divorce agreements involve child support or alimony. Because these two areas entail ongoing financial payments, what was once fair may no longer be reasonable many months or years down the road. If one or both ex-spouses experience a major change in circumstances including a serious illness, early retirement, loss of employment, and so on, the terms of your divorce agreement may be modified to reflect these changes.
Contact our Divorce Appeals Lawyers Today
At Jacobs Berger, our divorce appeal attorneys believe that all our clients deserve a fair and thorough legal trial. In the rare circumstances when court proceedings are unlawful or irregular, we will work with the details of your case to seek a successful appeal of a wrongful legal decision. If you are considering an appeal of your divorce or any other family law legal decision, lean on the experience our firm has cultivated through appealing divorce decisions for clients across New Jersey.
To speak with one of our qualified attorneys in a confidential and comprehensive Strategic Planning Session regarding your potential for an appeal to your divorce decision, please contact us online or through our Morristown offices by dialing (973) 281-4859 today.