How Does a Divorce Appeal Work?
Divorce is a civil court procedure. Appeals can be taken from a final order of judgment, which is only final where it disposes of all issues as to all parties. In New Jersey, a party has 45 days from a final order to take an appeal. If an order is not “final,” a motion must be filed requesting to leave an appeal from the interlocutory order. Only a small percentage of interlocutory appeals are granted. The filing of a motion for leave to appeal does not automatically stay the order or proceedings in the trial court. A motion must be filed to stay an appeal.
When a divorce appeal is filed, the appellant needs to file a brief explaining the reasons for the appeal and obtain a trial transcript, all of the paperwork from the trial (evidence, pleadings and documents) and the documents must be filed in groups to the appellate court, each adversary, the trial court and each attorney. An emergent application may be filed where irreparable damage would result if the party were to proceed with the timetable of a regular appeal or motion. Any applicant that is seeking emergent relief must establish:
- That the issue is truly emergent and cannot proceed as a regular appeal or motion
- A reasonable likelihood of success on the merits of the case
The Wilentz Appellate Practice Group consists of retired judges from New Jersey Superior Court, the Appellate Division and the New Jersey Supreme Court. Additionally, our Family Law team has attorneys that have clerked in both the Appellate Division and the New Jersey Supreme Court. They can assist you in starting the divorce process or modifying any settlements.
If you are thinking of filing a divorce appeal in New Jersey, work with our Family Law team and divorce lawyers that are well versed in all facets of the appellate process. You can also find additional information regarding appeals on the New Jersey Judiciary’s website. This resource also includes appellate forms, the procedure for filing emergent applications and regular appeals in the Appellate Division as well as Appellate Division calendars.
Family Law Appeals in Layman’s Terms >>