During the complex and emotionally charged divorce process, the court issues various rulings through motions filed by either party. Motions are formal requests made to the court during or after divorce proceedings asking the judge to make a decision on a specific issue, such as in relation to temporary child custody, spousal support, or property division, as examples.
But what happens if you disagree with a judge’s decision? Can you appeal a divorce motion in New Jersey? The answer is yes—but only under certain circumstances.
You Can’t Appeal Just Because You Disagree
It is important to understand that you cannot appeal a divorce motion ruling simply because you are unhappy with the outcome. Appeals are not second chances to present your case. Rather, they are limited to correcting legal errors that materially affected the judge’s decision.
In New Jersey, the courts give a significant amount of discretion to family law judges when making decisions, especially in matters involving equitable distribution, child support, and child custody. To succeed on appeal, you must show that the judge abused that discretion, misapplied the law, or made a decision not supported by the evidence.
Motion for Reconsideration: The First Step
Before pursuing a formal appeal, many litigants first file a motion for reconsideration. This is a request asking the same judge to review and possibly change their prior ruling.
When to File
A motion for reconsideration must generally be filed within 20 days of receiving the final decision. This deadline is strict and missing it may forfeit your opportunity to ask for a review at the trial level.
Grounds for Reconsideration
A motion for reconsideration is appropriate if the court did not consider relevant facts or misinterpreted them, there is new or previously unavailable evidence, or the judge’s decision was based on a clear error of law or judgment.
You must be able to explain how the judge overlooked key facts or legal precedent. Merely rearguing your position is not enough. Your attorney will help you determine if the facts warrant filing a motion for reconsideration and help you in doing so.
How to File
To file a motion for reconsideration requires you to submit the following documents to the court:
- Notice of motion
- Certification or affidavit explaining your reasons and providing supporting evidence
- Brief or memorandum of law outlining the legal basis for reconsideration
- Proposed order describing the decision you wish the judge to make.
You must also serve these documents on the other party. A family law attorney can help ensure that your motion is properly prepared and filed in a timely way.
Filing An Appeal
If your motion for reconsideration is denied—or if you believe the original decision was legally flawed—you may be able to appeal to the appropriate appellate division.
Timeframe for Filing
You must file the notice of appeal within 45 days of the date the decision was entered on the court docket. If a motion for reconsideration was previously filed, the 45-day deadline starts from the date of the reconsideration decision.
Grounds for Appeal
The appeals court does not rehear your case from scratch. It will not accept new evidence or testimony. The appeal is based solely on the record from the trial court and your legal arguments. Valid grounds for appeal include:
- Misapplication of the law
- Abuse of discretion
- Procedural errors
- Findings of fact not supported by substantial credible evidence
For example, if the judge awarded custody based on a misunderstanding of the law or excluded critical financial evidence, that could form the basis for a successful appeal.
The Appeals Process
Filing an appeal involves multiple steps as outlined here:
- Notice of Appeal – This document must be filed with both the trial court and Appellate Division within the 45-day window.
- Case Information Statement (CIS) – This form provides a summary of the case and issues on appeal.
- Transcript Requests – You must order the official transcripts of any hearings relevant to the appeal.
- Briefs – Each party submits a written brief outlining their legal arguments. You as the appellant, or person appealing, files first, followed by the respondent, and then a reply brief, if necessary.
- Oral Argument– The appeals court may schedule an oral hearing, though it is not guaranteed.
The appellate court will then issue a written decision affirming, reversing, or modifying the lower court’s ruling. The process can take several months or longer, depending on the complexity of the issues and the court’s schedule.
Should You Appeal in the First Place?
Appealing a divorce motion ruling is a serious legal undertaking and should not be pursued lightly, or without legal support. Appeals are not for re-arguing facts or expressing your dissatisfaction with a decision, you must have a strong legal basis. You must also consider whether the potential benefits are worth the costs. Appeals are very expensive and time-consuming. An attorney can help you evaluate your chances of success, prepare the necessary documentation, and guide you through the process.
Speak with an Experienced New Jersey Lawyer About Appealing a Divorce Motion
If you are unhappy with a decision on a divorce motion in New Jersey, speak to an attorney from [MFR] Men’s & Fathers’ Rights Divorce Lawyers. We will assess the facts of your case and discuss with you the option of filing a motion for reconsideration. If the issue involves a clear legal error (or if your motion for reconsideration fails) we will advise you about appealing the divorce motion ruling.
It’s crucial to take timely and appropriate action if you believe a ruling was wrong. If you miss filing deadlines you will be out of luck in most cases. However, you must also remember that simply being dissatisfied with the outcome is not enough. You must demonstrate that the decision was legally or procedurally flawed in a way that affected the result. We will provide honest advice as to whether you have a sound reason for appealing.
Call us today at (201) 880-9770 or reach out to us online to schedule a confidential consultation and learn your options.
