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If you have been through a New Jersey divorce trial and have received the final judgment or decree in your marriage dissolution case, you may wonder what can and cannot be done if you disagree with the decision of the court. Generally speaking, you may be able to file what legally is known as a motion to reconsider the divorce decree or judgment of the court. You may also be in a position to undertake an appeal of New Jersey divorce judgment.
If you have a desire to undertake the appeal of New Jersey divorce judgment, there are a number of matters to bear in mind:
If you find that you have additional questions about a New Jersey marriage dissolution case or filing an appeal from a divorce proceeding, you are well served scheduling a free initial consultation with a divorce attorney with experience pursuing appeals.
Understanding an Appeal from a Divorce JudgmentIn the state of New Jersey you have the legal right to an automatic appeal of a final judgment or order of a lower court, including from the Family Part in a marriage dissolution case. An order is considered final when all issues in a divorce case have been addressed.
During the course of a marriage dissolution case, there are likely to be a variety of other orders that do not constitute final judgments of the court. Without obtaining leave or special permission to pursue an appeal of such a non-final order of the lower court, you are not able to pursue an appeal until the final judgment is issued in the case (as will be explained more fully in a moment).
Timing of an Appeal of a New Jersey Divorce JudgmentNew Jersey law establishes a specific timeframe within which an appeal can be taken from a New Jersey divorce judgment. Generally speaking, you must appeal a final judgment in a New Jersey divorce case within 45 days from the date on which that decree was entered by the court. A judgment in a marriage dissolution case is considered entered when the final judgment or decree is issued by a judge and filed with the clerk of the court.
Bear in mind that the clock starts running on the appeal deadline from the date the divorce decree is entered and not the day you receive a copy of that judgment. In some limited instances, the deadline for filing an appeal might be extended for a short period of time if a party is able to demonstrate what legally is known as good cause for such an extension. An experienced New Jersey divorce lawyer with a background in appellate representation can provide more information on the timely filing of an appeal and the possibility of obtaining a short extension for what legally constitutes good cause.
What can be Appealed in a Divorce CaseIn the state of New Jersey, you can appeal any as a matter of right any issue that is determined by the lower court during the course of your divorce provided there is a final order in the case and the appeal is filed in a timely manner. An issue appealed must be one that the lower court had a chance to consider during the pendency of the marriage dissolution case. As a matter of law, you typically cannot raise an issue for the first time on appeal of New Jersey divorce judgment.
Importance of a Qualified, Experienced New Jersey Divorce LawyerIf you are planning to pursue a divorce, if you’ve been served with divorce papers, or if your case has concluded and you wonder if you have any options in regard to a divorce decree that you might not fully agree with, the legal team at the Law Offices of Peter Van Aulen can assist you. You can schedule a free initial consultation with an experienced New Jersey divorce lawyer by calling our firm at (201) 845-7400.