Do You Have Grounds To Appeal A Court’s Family Law Decision?
Goldschmidt & Genovese, LLP applies knowledge developed through years of experience to evaluate the court order in question for a potential appeal. We have prosecuted or defended appeals involving numerous issues of matrimonial and family law, including:
- Property division
- Discovery of hidden assets after a divorce
- Child Support
- Child custody and parenting time
- Modification of agreements and court orders
- Enforcement of court orders
- Counsel Fees
The Goal Of An Appeal: A Right Result
When a family law court issues an order, the losing party (the “appellant”)has 30 days to file a notice of appeal. That party then has a specific amount of time to “perfect” the appeal; i.e., to prepare a “record on appeal,” consisting of the trial court’s decision, the transcript, and certain other important documents, and to submit a brief to the appellate court detailing why the original case outcome was based on mistakes involving facts or the law. The winning party (the “respondent”) also has a specific amount of time to prepare and submit a brief. Oral argument before the Appellate Division may occur if permitted by court rules. At the conclusion of an appeal, the Appellate Division will issue a decision as follows:
- Reversal: The court will determine that the appealed court order was wrong and change it.
- Remand: The appellate court will tell the trial court to hear the case again.
- Affirmation: The appellate court will agree with the original decision, and the court order in question will remain in force.
- Modification: The appellate court will change some part of the original court order but not all of it.
At Goldschmidt & Genovese, LLP, we place a high priority on protecting our clients’ rights and best interests at all stages of a case, including in appeals as necessary. We prepare every court filing as if it will be appealed. That way, we are always ready to file appeals on our clients’ behalf in a timely manner.
Ask An Attorney About A Divorce, Custody Or Support Appeal
If you believe there is a reason to appeal your family law court order, let us explore the possibility with you as soon as possible. If you are a lawyer whose client’s case may merit an appeal, please let us know how we can help.