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Edison Family Law Appeal Lawyers

When a case concludes at trial or after a court hearing, the decision made by the trial court may be contrary to the facts of your case or a misapplication of the law. If that happens, it is important to have experienced appellate counsel representing you through the process. Our seasoned Edison family law appeal lawyers have extensive experience guiding clients through the appeals process in New Jersey, and we stand ready to put that experience to work for you. Contact Arndt, Sutak & Miceli, LLC today.

Family Law Appeal Lawyers Serving Clients in Central New Jersey

At Arndt, Sutak & Miceli, LLC, our Edison family lawyers are not afraid to challenge a decision made by a trial judge if we believe it is wrong for the reasons stated above. We will review the written decision or trial opinion presented to the judge and determine whether or not an appeal is warranted under the circumstances. We will then regroup with our clients and present the best strategic position to put forward to the appellate court.

Appealing a Family Law Decision in New Jersey

Importantly, not all court determinations can be appealed. That said, many family law cases can be reconsidered by a higher court if there is a belief that the trial court’s decision was contrary to the facts of the case or involved a misapplication of the law. Find some examples of cases that generally can be appealed, and cases that, generally, cannot be appealed below.

Cases That Can Be Appealed

  • Divorce Decrees: If there are disputes regarding the equitable distribution of property, alimony, or child support, these aspects of a divorce decree can be appealed. An appellate court can review whether the trial court made errors in applying the law or evaluating the facts.
  • Child Custody and Parenting Time: Decisions regarding child custody and parenting time can be appealed if there is a belief that the trial court did not properly consider the best interests of the child or misinterpreted the evidence presented.
  • Domestic Violence Restraining Orders: Final restraining orders issued in domestic violence cases can be appealed if the respondent believes that the court’s decision was based on an incorrect interpretation of the law or insufficient evidence.
  • Adoption: Orders involving the approval/denial of adoption petitions are also subject to appeal. These cases often hinge on complex legal standards and substantial factual records.

Cases That Cannot Be Appealed

  • Interim or Temporary Orders: Temporary orders, such as those issued during the pendency of a divorce or custody proceeding, are generally not appealable. Appeals are typically reserved for final judgments or orders.
  • Settlement Agreements: If both parties voluntarily entered into a settlement agreement, and it was incorporated into a court order, it is usually not subject to appeal. Only aspects of the settlement agreement that were not voluntarily agreed upon may be reviewed by an appellate court.
  • Certain Procedural Decisions: Some procedural decisions made by a trial judge, such as scheduling orders or discovery rulings, are often not appealable unless they significantly affect the outcome of the case.

Here at Arndt, Sutak & Miceli, LLC, we work closely with you to evaluate the strengths and weaknesses of your case to determine if an appeal is necessary under the circumstances, draft the Notice of Appeal, prepare the briefs and any appellate motions necessary to be filed, and prepare for oral argument to the Appellate Division Panel of Judges.

Importantly, an Appeal can take anywhere between 6 months to 2 years to be resolved from beginning to end.

Contact Our Middlesex County Family Law Appeal Lawyers

Don’t try to go through the appeals process alone. Arndt, Sutak & Miceli, LLC stands ready to effectively guide you through the process, ensuring your rights and interests are protected, every step of the way. Contact our family law appeal lawyers today so we can get started working on your case.

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