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Family Law Appeals In New Jersey

When a family court judge issues a ruling, it’s hard not to feel as though your future was just decided by a stranger’s interpretation of your life. However, you cannot appeal a case simply because you do not like the outcome. If you are considering an appeal, you need an experienced attorney with strategic insight to help you understand your options and assess your case.

Attorney Sandra Fava has been named as a “Woman to Watch” by Morris & Essex magazine. She has dedicated her entire legal career and firm to family law. Sandra founded Fava Law LLC to help families in Morristown and the surrounding New Jersey communities with their legal challenges.

What Is An Appeal?

An appeal is a formal request for a higher court to review whether the trial court correctly followed the law. More importantly, an appeal is not a second chance to present new evidence or re-argue the facts. In an appeal, you have to convince a panel of judges that a change in the original ruling is necessary.

To appeal a final judgment, you must file your appeal within 45 days of the date the order was entered. This deadline is extremely strict. The process also requires you to provide transcripts of the original trial. In an appeal, you have to submit a detailed legal brief that cites specific laws. You must also be able to point to specific mistakes in the record.

When Can You Appeal A Family Court Order In New Jersey?

You may appeal a family court order if you can show that the judge made a specific legal or procedural error that affected the outcome of your case. For an appeal to move forward, the error must be significant. Common grounds for an appeal include instances where the judge:

  • Misapplied a statute
  • Ignored a relevant legal precedent
  • Made a decision that the evidence did not support.

Because trial judges have a lot of discretion in family matters, you must show that the court abused its discretion by making a ruling that no reasonable person would have made under the circumstances.

Comprehensive Representation For New Jersey Family Law Appeals

The experienced litigators at Fava Law LLC provide comprehensive legal guidance for clients pursuing or defending appeals. Common types of family law appeals include:

  • Spousal support: If the court failed to properly assess a spouse’s financial need or ability to pay, you may be able to appeal a spousal maintenance ruling.
  • Child custody and visitation: It might be possible to challenge a child custody or visitation order that does not align with the best interests of the child or ignores significant evidence regarding the child’s safety.
  • Property distribution: If significant errors were made in the court’s valuation or division of complex marital assets and businesses, it might be possible to appeal.
  • Child support: If the judge miscalculated a parent’s income, it might be possible to appeal if it resulted in an incorrect child support calculation.
  • Attorney fees: It might be possible to appeal an order that unfairly requires one party to pay the other’s legal costs.

At Fava Law LLC, the firm’s attorneys understand the high stakes involved in appellate law and meticulously review trial records to identify reversible errors. They will help you assess your potential appeal with a practical eye.

What Are Your Chances Of A Successful Appeal?

An appeal begins with the presumption that the trial judge’s decision in your family law case was correct. In addition, family court judges have significant discretion. Generally, the court of appeals affirms the majority of family court rulings.

However, your chances improve significantly when you have a clear legal error, rather than just a disagreement over the facts. An experienced appellate attorney can provide an honest assessment of your probability of success before you invest significant time and resources into the process.

Review Your Potential Family Law Appeal With A Morristown Attorney

If you believe a New Jersey family court made a legal mistake in your case, you must act quickly. To schedule an appointment, you can call the firm at 973-524-6245. You can also send a message through the firm’s website.