Litigation in family court can have lasting implications for individuals. The courts can order them to surrender property to their spouses or force them to make regular payments. Court orders can even influence a parent’s access to their children.
Typically, court orders issued in the family courts remain in effect until either the order terminates on its own due to the terms integrated into it or one party requests a modification under legally viable grounds. However, sometimes those dealing with unfavorable court orders have the option of appealing a family court order.
What does that process entail?
Identify an actionable legal error
Appeals are not an option just because people are unhappy with the terms of a court order. They must show that something inappropriate happened in court or that a judge erred in their interpretation of the law. Reviewing the court order with a family law attorney can help those who want to appeal an unfavorable order determine if they have grounds to take legal action. Before officially appealing, it is common to submit a Motion for Reconsideration. The original judge can review the motion and determine if they may have made a legal error when entering the original order.
Act quickly
There is only a limited window of opportunity in which to appeal a Family Court ruling in New Jersey. With limited exceptions for unusual cases, people typically only have 45 days from the date the courts issue the order to begin the appeal process.
Follow the right process
The lawyer representing the appealing party must submit the necessary paperwork to the Appellate Division of the Superior Court. Typically, that paperwork includes transcripts from the original trial, along with any other necessary court records. Additionally, they submit a Case Information Statement. This document discloses all relevant financial information about the case for review. The appeals process requires a $250 filing fee and formal service for the other spouse or their lawyer.
Family law appeals are often very complex and rely on a thorough understanding of state statutes or prior court rulings. Those hoping to appeal a family court ruling generally need the guidance of a family law attorney. A lawyer can advise them if legal errors occurred and help them convince the courts to reconsider a prior order.
