New Jersey Family Law Courts frequently rule on complex legal issues such as divorce, child support, alimony and spousal support, child custody, division of assets and more. In the majority of cases, these rulings are legal, fair, and proper. However, there are situations in which the court system renders a judgement which is not legally justified or fundamentally unfair. When this happens, individuals may file a formal legal appeal to have a decision altered. The family law appeals process can be difficult to navigate without the help of a qualified divorce and family law attorney.
Today, our family law attorneys will define family law appeals vs. family law modifications, and go over the appeals process in New Jersey.
Family Law Appeals vs. Modifications in Union, NJ
Our Union Family Law attorneys frequently see clients confuse wanting to appeal a family law decision as opposed to modifying an existing agreement. This confusion is understandable, but is an important distinction when determining what actions are appropriate within your individual case.
Family law appeals challenge the fairness and legality of the legal process without bringing new evidence to the court’s attention. In other words, an appeal is legally arguing that your hearings were unlawfully decided based on the facts which were presented by you and your Union, NJ attorney.
Agreements modifications – altering an existing, legal agreement is much more common. Many family law agreements remain in full effect for many years and even decades. This presents situations where the circumstances of one or more parties can substantially change over the course of the agreement, making the terms no longer tenable. A common example is modifying child support because the payor or payee has undergone a significant change in financial circumstance such as losing their job or becoming seriously ill.
Westfield, NJ Family Law Appeals Attorney Identifies Appeals Process
There are three (3) divisions of family court which may come into play during a family law appeal. Your Westfield Family Law Appeals attorney will help you through the legal process, which may look something like this:
Superior Court (Family Division) – this is the court system where your initial hearings will take place. In certain situations, the appellate division may order a case to be re-heard at the Superior Court Level after a successful appeal. In this case, a judge will render a new judgement based on the same evidence presented in your first court hearing.
Appellate Division – the Appellate Courts are where the first level of appeals are heard. Appellate judges will consider whether the Family Courts adhered to proper legal procedures, rendered a legal and reasonable judgement, and more. Your case may be reversed, your appeal may be rejected, or the appellate division may render a split decision.
New Jersey Supreme Court – when the Appellate Courts are divided, the NJ Supreme Court will hear your appeal. It is also possible to file a formal petition to the Supreme Court to hear your case when the Appellate Courts render a unanimous decision.
Considering a Family Law Appeal? Contact a Linden Family Law Attorney Today
Experienced family law attorney Edward Cooper takes pride in serving clients from Union County towns including Linden, Elizabeth, Westfield, Plainfield, Scotch Plains, Union, and all of Northern New Jersey. Attorney Cooper believes in providing tenacious legal service with an emphasis on the attorney-client relationship, being available to clients, and keeping all clients as informed as possible. Our firm aims to assist families going through family law legal matters from beginning to end in every way possible. We understand that family law is personal, and seek to take a holistic approach to legal service.