Family Law Appeals Attorneys Morris County, NJ
Serving Clients across Madison, Randolph, Tewksbury, Florham Park, Hanover, Morristown, and Morris County
Any time a family court makes a ruling regarding issues like child custody, child support, division of assets, alimony, etc, it may be possible to modify that order if certain circumstances change after-the-fact, or alternatively, appeal that order in a higher court.
However, there are very specific timelines regarding when an appeal must be filed, and stringent rules and requirements in order for the process to be successful. Any time you are pursuing an appeal of a family court order, it is highly recommended that you retain experienced legal counsel to advise you of your options, help you comply with the many requirements of the courts, and work with you towards resolving the issue in your favor.
At Jacobs Berger, we have a detailed understanding of these deadlines and requirements, and have extensive experience working to ensure that each of our client’s cases is handled as expediently, effectively, and as comprehensively as possible in appeals across Madison, Randolph, Tewksbury, Florham Park, Hanover, Morristown, and the greater Morris County area.
Contact our firm today to discuss your options, next steps, and how exactly we can help you to appeal an unfavorable or unfair judgement in a confidential and comprehensive case assessment with our family law team.
The Three Levels of New Jersey’s Family Court System
Madison, NJ Family Law Appeals Lawyers
New Jersey’s state court system has three levels: the Superior Court (Trial Court/Family Division), the Appellate Division, and the Supreme Court. If a certain child custody order, support order or other family court order is entered, and the judgement isn’t in your favor or is unfair to you, you can appeal the decision to a higher court. Additionally some decisions, when appealed to a higher court, can be remanded (sent back to) the Trial Court for a rehearing.
However, any ruling made by the New Jersey Supreme Court is considered final, and no higher court can be petitioned to review your case, and potentially reverse whatever order you are seeking to appeal.
How Can I Appeal a Family Law Order in Morris County?
Hanover, NJ Family Law Firm
Any family law order issued by the Trial Court or the Appellate Division which you disagree with can be appealed. However, all appeals must be filed within 45 days of the judgement, so if you wish to appeal a decision, it is important that you begin working with our attorneys as quickly as possible in order to best prepare your case.
In New Jersey, all appeals regarding a family law decision are first submitted to the Appellate Division. Your appeal will be reviewed by a panel of either 2 or 3 judges, and they will either rule unanimously or in a split decision. In appeals where the Appellate Division judges rule 2-1, the matter will automatically be heard by the NJ Supreme Court.
However, in order to appeal a unanimous Appellate Division decision, you will need to file a formal request with the NJ Supreme Court to review your case. The NJ Supreme Court can either decide to hear your appeal (known legally as granting certification), or deny your appeal (denying certification). The Supreme Court’s decision on whether or not to hear your appeal is based largely upon the facts of the case at hand, and the arguments your attorney can make regarding how and why that decision is unfair, unreasonable, or is not in accordance with established case law.
The Appellate Division’s Review Process in New Jersey
Randolph, NJ Appeals Attorneys
When reviewing your appeal, the Appellate Division will only consider evidence which was submitted during the initial Family Part’s decision. This evidence will include court transcripts, pleadings, and evidence submitted during your initial decision. In order to supplement this record with further or additional information and testimony, you and your Randolph appeals attorney will need to file a motion to supplement the record.
In order for the Appellate Division to reverse the order you are appealing, you must be able to demonstrate that the Family Court’s decision failed to following controlling legal principles or case law precedents, the judge abused their discretion, or the decision made was not based on credible or accurate evidence.
Convincing the Appellate Division that one or all of these factors are true will require a deep understanding of the law, and the established standards regarding how the Family Court should have considered your family law issue, and how they should have arrived at their ultimate ruling. Having an experienced family law attorney on your side who not only is intimately familiar with family law, but the appeals process as well can be of enormous benefit when seeking an appeal of a family law judgement.
Contact Our Morristown Family Law and Appeals Attorneys Today
At Jacobs Berger, our attorneys have extensive experience resolving family law matters in Trial Court, and appealing unfair or unreasonable judgments for clients across Madison, Randolph, Tewksbury, Florham Park, Hanover, Morristown, Morris County, and throughout New Jersey.
We provide a comprehensive service for all of our clients, meaning we will advocate for your best interests from the minute you walk in our door until long after you leave. The reciprocal attorney-client loyalty we foster has caused many of our prior clients to return to us when a new family law matter arises, and refer their family and closest friends to our firm knowing we are real people who handle real situations in a constructive, communicative, and ultimately effective manner.
To discuss your options for appealing a family law order with our attorney team today in a confidential and comprehensive case assessment, please contact us online, or through our Morristown, NJ office at 973-718-7705.