The Law Office of Jennifer Marshall, Esq.
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Jennifer Marshall, LLC
Family law appeals in Piscataway are heard by the Appellate Division of the Superior Court of New Jersey. Although divorce matters begin in the Family Part of the Superior Court in Middlesex County, final judgments can be challenged if legal mistakes occurred that affected the result. Importantly, appeals are not about presenting new evidence, but about reviewing how the law was applied during the divorce trial.
A Piscataway divorce appeals lawyer from the Law Office of Jennifer Marshall, Esq, can represent people who believe a legal error affected the outcome of their divorce.
Contact our talented divorce attorneys today for a free consultation.
It is not enough to argue that the outcome was unfair. Divorce appeals are governed by Court Rule 2:4-1 and must be filed within 45 days of the final judgment or order. The appeal must be based on a specific legal error, such as the misapplication of a statute, denial of a fair hearing, or improper admission of evidence.
For example, imagine a trial court awarded sole custody when joint custody was in the best interests of the child. The appellate court can review whether the judge ruled in opposition to the law. Other appealable issues include miscalculations in alimony or failure to properly apply equitable distribution standards. Your Piscataway divorce appeals attorney can identify if you have a qualified appeal.
Appealing a divorce decision begins with filing a Notice of Appeal, followed by a Case Information Statement, transcript requests, and an appellate brief. Each stage has required forms and deadlines. Once your divorce attorney files all documents, the opposing party submits a reply brief, and the court assigns a panel of judges to review the case.
Most decisions are issued in writing several weeks after arguments are heard. If the appellate court agrees that an error occurred, it can rule in different ways.
When filing a divorce appeal in Piscataway, people typically want the court to reverse or modify the original decision. However, there are several possible outcomes:
Each outcome depends on the nature of the error and how clearly it is supported by the record. For example, if a judge failed to provide adequate reasoning for a ruling, the appellate court may remand the case to clarify the findings. Your divorce lawyer will then represent you back in the lower court.
Filing late is the most common reason appeals are dismissed. Courts strictly enforce the 45-day deadline under Rule 2:4-1. Other mistakes include failing to order trial transcripts, missing briefing deadlines, or submitting briefs without proper citations to the record.
Another frequent issue is misunderstanding the difference between an appeal and a post-judgment motion. A motion is filed with the trial court to change an order based on new facts. An appeal challenges the legal reasoning behind the order and is directed to the higher court. Your Piscataway divorce attorney can guide your case in the right direction.
According to the New Jersey Judiciary’s Annual Report, over 6,000 appeals are filed each calendar year statewide, but fewer than 20% result in full reversals. Having the right Piscataway divorce appeals lawyer is critical.
At the Law Office of Jennifer Marshall, Esq, Jennifer’s courtroom background benefits all of our clients, especially when a case requires litigation or appeals. To speak to an experienced Piscataway divorce appeals lawyer today, set up a case review with our office.
The Law Office of Jennifer Marshall, Esq.
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