Judgments of Divorce may not always be based on accurate or complete facts. When that happens and your rights are compromised, pursuing a divorce appeal can be your chance to request a reconsideration of your case and right the wrongs that may have occurred.
The Red Bank attorneys at Dwyer, Bachman, Newman & Solop Attorneys at Law can help you with all aspects of a divorce appeal. From determining your rights to appeal to assist you with every step in the process, we can provide exceptional representation and counsel in Monmouth County divorce appeals cases.
You will not be able to appeal a Judgment of Divorce simply because you don’t like the final court order or you think decisions are unfair. Specific circumstances must apply to your case, and you must be able to establish legitimate grounds for the appeal in court. Additionally:
- Appeals can only be pursued after a court has issued a final judgment: This means that the judgment must address every marital issue in the divorce case, from property division and spousal support to custody and child support.
- There are strict deadlines for filing an appeal: According to New Jersey law, a notice to appeal must be filed within 45 days of the final judgment being issued by the court.
Generally, appellate courts tend to agree to hear divorce appeals cases when lower courts have allegedly:
- Abused their discretion
- Incorrectly applied the law
- Made inadequate findings of fact
- Left any of the major disputes in the case unresolved
- Did not conduct a full hearing when necessary
At the end of a divorce appeals case in Monmouth County, the family court can either
- Uphold the lower court’s decision: In these cases, the original Judgment of Divorce would stand. Depending on the circumstances, it may still be possible to pursue a modification of custody orders, support orders, and/or other specific orders of the divorce, after a failed appeal.
- Overturn the lower court’s ruling: If the appellate court agrees with the petitioner that the original Judgment of Divorce contains some major error(s) that violate the petitioner’s rights, the court may order additional hearings to get to the bottom of the issue(s).
Appeals can be complex in even the best circumstances, and these high-stakes cases can have significant impacts on your future when you are a party to the Judgment of Divorce in question. Your best option for protecting your interests and objectives in a divorce appeals case is to partner with an experienced lawyer.
Divorce can be difficult for anyone, but sometimes, it can put exes and/or children in harm’s way. Whenever there is a threat of harm as a direct result of a court order in a divorce case, either spouse has the automatic right, under New Jersey law, to file a motion for an interlocutory appeal.
Also referred to as an emergency, temporary, or provisional appeal, interlocutory appeals can be filed immediately after a specific order in a divorce case, even if other issues are still pending. This may be necessary when, for instance, the court issues a custody order that one parent believes will put a child in harm’s way.
In these situations, the objecting parent can file an interlocutory appeal to the custody order ASAP, even if there are still other matters to resolve in the divorce case. Typically, the proceedings in the trial court are suspended while motions for interlocutory appeals are reviewed.
There can be limited time to pursue an appeal to a Judgment for Divorce in New Jersey, and making mistakes at any point could compromise your rights and have lasting impacts on your finances, relationships, and future. When you want to make sure your appeal is set up for success, you want to retain a Red Bank divorce attorney from Dwyer, Bachman, Newman & Solop Attorneys at Law.
Our boutique family law firm specializes in divorce litigation and appeals. No matter how complicated your case may be, our team has the expertise, skills, and resources to provide superior representation and counsel throughout the process. Let us explain your options and how we can help you during an initial case evaluation.
Call (732) 863-2463 or contact us online now for confidential advice and answers regarding your options for a divorce appeal.
Backed by more than a century of combined family law experience, our trusted lawyers have an unparalleled understanding of New Jersey divorce law and the appeals process. We also know the various strategies that can be useful in divorce appeal cases. That is how we excel at helping our clients:
- Navigate the divorce appeals process: We can explain how to get started, what to expect, and what steps to take as you proceed. We will also be there at every step, providing the experienced counsel you need whenever it’s time to make the tough choices.
- Seek favorable outcomes: Known for our tireless diligence, we will go above and beyond, working relentlessly and using all available resources, to try to obtain the best possible results for the case of every appeal we handle.
From offices based in Red Banks and Old Bridge Township, our divorce appeal lawyers are proud to offer the highest-quality representation to clients throughout Monmouth County.