Whether going through a divorce or fighting for child support, family court can be a long and arduous process. Unfortunately, the ruling may not always accurately reflect the details of the case, so it is your right to appeal a family law decision. However, you may not know how this process works as it can be time-consuming and confusing. Luckily, this blog, in conjunction with Morris County family law appeals attorneys, can help you navigate this complex process.
Why Might Someone Want to Appeal a Family Law Decision?
It’s important to understand that you cannot appeal the court’s decision simply because you are unhappy with the ruling. Because this process is complex, it should not be treated as a way to “re-try” your case. Filing an appeal requires you to prove that the court made an error or the judge abused their power in some way.
For example, you may prove that the courts did not consider all the evidence presented to them, there was bias in the decision, or the judge made a legal error in regard to your case that impacted the outcome. Regardless, it is your right to appeal when an error has prevented you from receiving a fair ruling.
What Are the Steps in This Process?
If you want to file an appeal, you have a very limited timeframe to do so. You will have 45 days from the day the final judgment is issued, so you must act quickly if you decide to file the appeal.
You also must retain the assistance of an attorney to help you through this process. Unfortunately, appealing a decision is much different than typical litigation efforts. Instead of proving that you deserve an asset during divorce or that your spouse can afford to pay more alimony, you must show the courts made an error in deciding your case. As such, it’s in your best interest to let an experienced attorney handle these matters.
It should be noted that appealing a decision can be costly, as you will have to pay an estimated $250 in addition to the court transcripts, which can cost $1,000 per full day.
You cannot present any new evidence or testimony to the appellate court, but rather your appeal is based on the evidence provided in the initial case. Any oral arguments will be in regard to the specific issue of the appeal.
Unfortunately, the appeals process can be long and cumbersome. However, having a competent and experienced attorney on your side can help you navigate the complexities of this legal matter. Haber Silver Russoniello & Dunn have the experience you need to assist you through the appeals process to ensure your case is treated fairly and accurately. Contact us today to learn how we can help you if you want to fight the court’s decision in your family law matter.