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Family Law Appeals

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Matrimonial Appeals

Appeals of Divorce, Custody, Support and Other Family Court Decisions in New Jersey

When a family court decision doesn’t go your way, it is natural to want it reversed. Almost any final family court decision can be appealed, including decisions on divorce, custody and parenting time, relocation, child support, alimony, equitable distribution, domestic violence restraining orders, and post-judgment motions. An appeal can be the right tool, but only in the right case. The Appellate Division does not rehear your case or take new testimony. Its role is to decide whether the trial judge made a significant legal error, or reached conclusions that the evidence does not support.

Appeals are also time-sensitive. In most cases, an appeal must be filed within 45 days of the final judgment or order. They can be costly, and an unsuccessful appeal may leave you responsible for part of your former spouse’s attorney fees. That is why an honest, early evaluation matters.

Our attorneys, including Julie R. Burick, who is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney and has extensive experience with matrimonial appeals, will review the record of your case and give you a clear assessment of whether an appeal, or another post-judgment option, makes sense.

Is an Appeal Right for You?

Questions to Ask First

Were the judge’s findings reasonable and based on credible evidence?
Did the judge apply the law correctly?
Were all of the major issues in the case actually decided?
Was a full hearing held when the situation called for one?

If the answer to all of these is “yes,” there may not be valid grounds for an appeal, even if you strongly disagree with the outcome.

What the Appellate Division Looks For

Legal errors, such as applying the wrong law or misreading it
Findings that are not supported by the evidence in the record
Procedural problems, such as deciding disputed facts without a needed hearing
Important issues that were left unresolved

Appellate judges give significant deference to family court judges on questions of fact and credibility. If no significant error is found, the decision will stand, even if the appellate court might have ruled differently.

Other Options After a Family Court Decision

An appeal is not the only way to address a problem with a family court decision. Depending on what went wrong, and when, one of these may be a better fit:

Motion for Reconsideration

Asks the same judge to take another look at a decision, for example because the court overlooked important evidence or a controlling legal point. This motion has a short deadline: generally within 20 days of receiving the judgment or order.

Motion to Vacate or Set Aside

Asks the court to undo a judgment because of fraud, mistake, excusable neglect, hidden assets, or important new evidence. Many of these motions must be filed within one year. In rare cases, a court may grant relief later to prevent a truly unjust result.

Motion to Modify

When life changes after a divorce or custody order, such as a job loss, a relocation, or a change in a child’s needs, you can ask the court to modify custody and parenting time, child support, or alimony. Modifications are common and are not the same as an appeal.

Common Questions About Family Law Appeals in New Jersey

How long do I have to file an appeal?

Generally, 45 days from the date the final judgment or order is entered. Missing the deadline can mean losing the right to appeal, so it is important to speak with an attorney as soon as possible.

Can I appeal a temporary order issued while my case is pending?

Usually not right away. Orders that are not final generally require permission from the Appellate Division before an appeal can proceed, and that permission is granted only in limited circumstances.

Do I have to follow the court’s order while the appeal is pending?

Yes. Filing an appeal does not automatically pause the order. Unless a court grants a stay, you must continue to comply with it.

Can I present new evidence on appeal?

Generally, no. The Appellate Division reviews the record from the trial court. If important new evidence has come to light, a motion to vacate in the trial court may be the better route.

Can I appeal a settlement agreement that I signed?

Usually not, because you agreed to its terms. In limited situations, such as fraud or hidden assets, a motion to set the agreement aside may be available.

How long does an appeal take?

Appeals often take many months from filing to decision, depending on the complexity of the case and the court’s schedule.

Related reading: Appellate Practice in New Jersey

If you are considering an appeal, a motion for reconsideration, or a change to a family court order, time matters. Contact our Mount Laurel office to schedule a confidential consultation.

Call 856-428-8334