The vast majority of family court trial decisions should not be appealed. New Jersey judges are afforded substantial discretion when it comes to decision-making. Judges are human, however, and sometimes they make mistakes—especially when dealing with complex divorces and family law matters. For example, the trial court may have made a legal error during your trial by misinterpreting the law or allowing evidence or testimony that should not have been admitted. In these types of situations, you are not without options.
Still, the circumstances to justify a reversal of a divorce judgment generally need to be exceptional and compelling. As a practical matter, this means demonstrating that the judge abused his or her discretion, or made a ruling that was erroneous based on law, fact, or procedure.
The Process
You may appeal a final divorce decree, as a matter of right. The appeal would be filed with the Appellate Division of the New Jersey Superior Court. It is important to note that an appeal is not a new trial. Generally, there is no opportunity to introduce new evidence or new testimony. Instead, the Appellate Division bases its review entirely on the record of the trial court (i.e. the pleadings, orders, and transcripts for the case below). An appellant (the person filing the appeal) has 45 days to file a Notice of Appeal after the entry of a final judgment. Therefore, it is critical to keep track of time and deadlines following your divorce trial. After filing a Notice of Appeal, transcripts of the trial proceedings must be ordered, legal briefs must be drafted, and attorneys may have to appear at oral argument before the Appellate Division.
How Long Does an Appeal Take?
Generally speaking, the appellate process can take between one to two years to complete. Nevertheless, the Appellate Division has the discretion to accelerate the appeal so that it is heard more quickly. In order to have a matter handled on an expedited basis, you must file an application with the Appellate Division and conclusively demonstrate why the matter cannot be considered in due course.
Other Considerations
Filing an appeal does not automatically stay the terms of a divorce decree. If an appellant wishes to prevent the divorce judgment from being enforced, then he or she must file a motion for a stay with the trial court (and later the Appellate Division, if necessary).
If you decide to appeal your divorce judgment, you are not required to be represented by the same attorney who represented you during your divorce. This could lend a fresh perspective to your case that may have been overlooked by your previous attorney. Anyone contemplating an appeal of a divorce judgment should speak to a qualified family law attorney who has experience in appellate work. Contact The Law Office of Joseph A. DiPiazza, LLC at 201-494-2800 to schedule a legal consultation with our New Jersey Appellate Attorney.
Our Representative Cases
Vander Ploeg v. Vander Ploeg, 2015 N.J. Super. Unpub. (App. Div. 2015)
Tatham v. Tatham, 429 N.J. Super. 502 (App. Div. 2013), certif. denied, 215 N.J. 485 (2013)
Lenowitz v. Lenowitz, 2012 N.J. Super. Unpub. (App. Div. 2012)
