DIVORCE APPEALS IN NJ

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 >>


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Joseph J. Russell, Jr
Joseph J. Russell, JrShareholder & Chair of the Family Law Department
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New Jersey Divorce Appeal Lawyers

A divorce appeal is the act of a higher court reviewing the decision of a lower court. There are a few reasons for an appeal from a decision by the Family Part:

  • The court failed to make adequate findings of fact
  • The court failed to follow the law (court rules, case law or controlling statute)
  • The court failed to conduct a plenary hearing to resolve material issues in dispute
  • The court abused its discretion

Divorce appeals in NJ are both costly and time consuming because they involve the following:

  • Preparation
  • Writing
  • Research
  • Analysis of the transcript of the proceedings
  • Settlement conferences
  • Filing fees
  • Transcript costs
  • Occasional motion practice

The disposition of a divorce appeal may be delayed by obtaining transcripts, failure to meet filing deadlines and the complexities of the presented issue. The appeal process may take approximately a year and sometimes longer, depending on the case. Additionally, in some cases, the appellant may also be required to pay the expenses of the former spouse.

OUR SHAREHOLDERS

Joseph J. Russell, Jr
Joseph J. Russell, JrShareholder & Chair of the Family Law Department
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David M. Wildstein
David M. WildsteinShareholder
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OUR ASSOCIATES

Jenna N. Shapiro
Jenna N. ShapiroAssociate
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Joseph M. Freda, III
Joseph M. Freda, IIIAssociate
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NJ High Profile Divorce Lawyers

If you are in need of assistance with a Family Law matter in New Jersey, you've come to the right place. Contact our experienced Family Law Team anytime for immediate assistance at 855.800.0067.

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