Appeals
The Three Most Frequently Asked Questions About Appeals
- How Are Appeals Filed In New Jersey Family Law Cases?
- How Likely Is It That My New Jersey Family Law
Appeal Will Be Successful?
- If I Reach A Settlement and Later Decide It Is Unfair, Can
I Undo It By An Appeal?
1. How Are Appeals Filed In New
Jersey Family Law Cases?
Appeals are filed with the Appellate Division of the Superior Court. Because the issues
are more complex in an appeal than at the trial level, it is important for you to consult
an experienced matrimonial law firm that is very familiar with the appellate process.
The process is also complex and technical. An appeal cannot be filed until a final
judgment is entered by the trial court. The first step is to file a Notice of Appeal in
the prescribed form, with the necessary filing fee, deposit for costs and Civil Appeal
Case Information Statement. The Notice of Appeal must be filed no more than forty-five
(45) days after the entry of the final judgment. The party who files the appeal (“the
appellant”) is also required to order the transcripts, which are the verbatim record
of all of the trial proceedings. The court reporters who prepare the transcripts require a
substantial advance deposit. Once the transcripts are received, the New Jersey Court Rules
require that three copies of those transcripts be sent be sent to the Appellate Division,
and that one copy be sent to the other party. Forty-five days thereafter, the appellant
must file and serve the prescribed number of copies of a Brief and Appendix, in exactly
the required format which is very specific. The Appendix should consist of all papers that
were filed with the trial court and relate to the appeal. Unlike the trial court, the
Appellate Division does not consider new evidence or hear testimony of the parties or
witnesses. Oral argument is permitted, but only if the necessary request is timely made in
the appropriate form.
2. How Likely Is It That My
New Jersey Family Law Appeal Will Be Successful?
Not very likely.
According to the statistics compiled by the Administrative Office of the Courts, less
than 25% of New Jersey divorce appeals are successful.
In New Jersey divorce cases, the Appellate Division gives great deference to the
fact-finding of the trial judge, who has the opportunity to listen to all of the testimony
and evaluate the credibility of the witnesses. The Appellate Division will affirm the
trial court’s findings, as long as they are supported by adequate, substantial and
credible evidence, and will only reverse those findings when they are so wholly
insupportable that they result in a denial of justice.
3. If I Reach A Settlement and Later
Decide It Is Unfair, Can I Undo It By An Appeal?
Very rarely.
New Jersey divorce settlements, which are voluntarily made with full disclosure, are
almost never overturned.
Of course, if your spouse did not disclose assets or income at the time of the
settlement, you may be able to reopen the settlement. That type of application, however,
should be made in the first instance to the trial court. |
