Morristown Family Law Appeal Attorneys

How Long Do I Have to Appeal a Family Court Decision? 

Appeals must be filed in the Appellate Division of Superior Court within 45 days of the final judgment. However, you cannot file an appeal until the final judgment has been entered in your case. Our lawyers are knowledgeable about these legal requirements and deadlines to help you navigate this time-sensitive process efficiently and protect your right to appellate review.

How Do I File a Family Law Appeal?

The family court appeals process typically involves the following steps: 

1. Consult an appeals lawyer. We can review the court decision to determine if you have valid grounds for an appeal and advise you on the next steps.
2. File the Notice of Appeal. Next, you must file a formal notice (CN 10502) and a Civil Case Information Statement (CN 10500) with the Appellate Division of the Superior Court. 
3. Pay the filing fee. A $250 filing fee will be due at the time of filing. If you cannot afford the fee, you may qualify for a fee waiver. 
4. Request the official transcript or recording. We can help you collect and organize transcripts, court filings, exhibits, motions, orders, and any other relevant pleadings for appellate review (“record on appeal”).
5. Prepare and submit the appellate brief and appendix. The brief outlines your arguments and cites procedural or legal errors to support your argument, while the appendix includes relevant court documents. 
6. Serve copies on all parties and file them with the appellate court. We can assist with serving the other parties in accordance with court rules to prevent delays or technical issues. 
7. Respond to the opposing party's brief or cross‑appeal (if any). After your brief is filed, the opposing party (“respondent”) will file a responding brief. We can file a reply if necessary to move the process forward. 
8. Oral arguments. Not all appeals require oral arguments. The court may schedule them at its discretion or make a decision based on the written record. 
9. Appellate court decision. The court will review the record for legal and procedural errors and issue its decision. 

What Are the Potential Outcomes of a Family Law Appeal?

Appealing a family law decision can result in various outcomes.Depending on the case, the appellate court may:

Affirm the Lower Court’s Decision 

The appellate court agrees with the original ruling, which will remain in effect. 

Reverse the Decision

The appellate court disagrees and overturns the ruling, resulting in a new outcome (such as a new custody or support order).

Remand the Case

The appellate court sends the case back for additional proceedings, often with instructions to correct legal or procedural errors.

Modify the Decision

In rare cases, the appellate court may adjust parts of the ruling, such as altering support amounts or visitation schedules, without overturning the entire decision.

Can I Appeal a Family Court Decision That Didn’t Go to Trial?

Yes. Appeals are not limited to cases that go to trial, but can be filed against any final decisions made through hearings, motions, or consent agreements. The key requirement is that the order must be final or appealable. 

Will a Family Law Appeal Result in a New Trial?

In most cases, a family law appeal does not result in a new trial. The appellate court will review the record from the original case to determine whether legal or procedural errors occurred, but presenting new evidence or witnesses is not allowed. 

However, if the court remands the case, it can be sent back to the family court for further proceedings, which may include additional hearings or a limited retrial to address the issues identified on appeal. 

How Our Family Law Appeal Attorneys Can Help

Family law appeals are complex cases that are very different from initial court hearings. Working with a skilled attorney is paramount to presenting your case clearly and strategically. Some important reasons to work with our family law appeal lawyers include: 

• Building a case. Appellate courts focus on legal and procedural errors rather than re‑evaluating facts. We can identify valid grounds for an appeal and demonstrate how mistakes or misapplications influenced your case. 
• Meeting legal deadlines. A successful appeal depends on strict adherence to court rules and deadlines. We can evaluate your case and help you file a timely claim to avoid unnecessary delays or dismissals.
• Preparing persuasive briefs and appendices. We can craft a detailed appellate brief, gather supporting documents that clearly highlight errors in the original decision, and present a well-organized argument on your behalf. 
• Anticipating opposing arguments. Our attorneys can analyze potential challenges, develop strategies to address them, and work tirelessly to strengthen your position during appellate review. 
• Guiding you through the appellate process. From filing forms to understanding court procedures, we provide step-by-step guidance to help you make informed decisions throughout your appeal.

If you’re filing a family law appeal, our attorneys can guide your steps with care and precision. Call (973) 381-2720 to schedule a consultation.