A family law appeal is a legal process in which a party seeks to have a higher court—typically the New Jersey Appellate Division—review a trial court’s decision in a family law matter. The appellate court does not conduct a new trial but instead examines whether legal errors affected the outcome of the case.
You may appeal a wide range of family law decisions, including those involving:
No, an appeal must be based on a legal error made by the trial court. The Appellate Division does not reweigh evidence or reconsider credibility determinations. It reviews:
In most cases, you must file a Notice of Appeal within 45 days from the date of the final judgment or order you are appealing. Missing this deadline may result in losing the right to appeal.
If a motion for reconsideration is filed, the time to appeal is tolled (paused) until the reconsideration order is entered. For example, if a motion for reconsideration is filed on day 19, you would have 26 days from the entry of the reconsideration order to file your Notice of Appeal.
The general steps in a family law appeal include:
Generally, no. The appellate court only reviews the evidence and arguments that were presented to the trial court. It does not consider new evidence, witness testimony, or additional documentation. However, in special circumstances, you may file a motion to supplement the record in an effort to have new evidence considered.
The appellate process in New Jersey typically takes 12 to 18 months, depending on the complexity of the case and the court’s caseload.
Success on appeal depends on whether there were significant legal errors in the trial court’s decision. The Appellate Division gives deference to the trial court’s factual findings, meaning that only clear legal mistakes or abuses of discretion are likely to be overturned.
If you prevail, the Appellate Division may:
Winning an appeal does not always mean an outright victory—it may result in a new hearing or trial.
If you lose your appeal, you may have limited options. You can:
Yes, family law appeals are highly technical and require knowledge of appellate procedure, case law, and legal argumentation. Hiring an experienced appellate attorney significantly increases your chances of success.
The cost varies depending on the complexity of the case, but expenses typically include:
Appeals can be expensive, so it is essential to weigh the potential benefits against the costs.
Yes, either party can appeal a final judgment or order. If the other party appeals, you may need to file a cross-appeal or respond to their arguments in an appellate brief.
Generally, interlocutory orders are not appealable until a final judgment is entered. However, in exceptional cases, you may file a motion for leave to appeal an interlocutory order if the order involves an urgent issue that would cause irreparable harm if left unchallenged.
A cross-appeal occurs when both parties appeal different aspects of the same trial court decision. If the opposing party files an appeal, you may file a cross-appeal to challenge unfavorable parts of the ruling. Generally, a cross-appeal must be filed within 15 days of the filing of the Notice of Appeal.
The Appellate Division of the Superior Court is the intermediate appellate court in New Jersey. It reviews decisions from trial courts to determine whether legal errors were made. It does not conduct trials or hear new evidence.
Yes, parties may settle an appeal at any time before the Appellate Division issues its decision. Settlement discussions can be facilitated through negotiations or appellate mediation.
A motion for reconsideration is filed in the trial court asking the judge to revisit the decision due to an error or overlooked facts. This is different from an appeal, which is filed in the Appellate Division and argues that the trial court made a legal mistake.
Possibly. You can file a motion for a stay in the trial court or Appellate Division, but a stay is only granted in limited circumstances where irreparable harm would result if the order is enforced.
If you believe you have grounds for an appeal, consult with an experienced New Jersey family law appellate attorney as soon as possible. The appellate process is time-sensitive, and early preparation is essential to preserving your rights.
Still have questions? Contact us for a consultation with Brian G. Paul, or learn more about his appellate experience.