Are you looking for a family law attorney in Northern NJ? Kathy Karas-Pasciucco of Feitlin, Youngman, Karas & Gerson has been a family law attorney in Northern NJ for years.
Getting married to someone is a significant decision and then staying married to that person is yet another big commitment! However, fulfilling that commitment sometimes can become a little tough because of a number of reasons, which is why a lot many times people choose to file for divorce.
But consider a case where someone has filed for a divorce and had received the court’s verdict, but is dissatisfied with it. Then what should be his next move? What should be done now? Well, in accordance with the law, there actually are certain ways that you can try to get the decision altered but for that, one has to make a quick move, or the time limit ends.
So, if you are one such person who is unhappy with the court’s decision then here are some facts that you should take into account for the appellate work in matrimonial.
If you want to pursue appellate work in matrimonial because you believe that the judge has made some major error, then you can file a motion asking for reconsideration. However, this has to be done within 20 days of the final judgment and the motion needs to address the specific mistake of law or fact, or the appeal will not get a positive response.
However, if one spouse discovers some evidence that was not available originally, or finds proof of fraud, or mistake, or discovers that his/her spouse engaged in some misconduct then the judge can set aside a decision even after the 20-day period is over. Usually, this process can be carried only within a 1-year limit, but in extremely rare cases where the judges feel that a very incorrect decision would stand if the changes are not made, the time limit can be stretched further.
However, if the judge considers extending the 1-year time limit then he will want for you to offer him a valid reason for the delay in bringing in the motion.
One thing you would also like to remember here is that courts generally view default judgments a little more liberally as compared to the judgments entered after a court appearance.
So, these are certain time limits and facts that you need to be vary of, if you are considering reversing the court decision on your marriage. Getting the advice of your attorney and acting on those recommendations immediately is a must.
Getting married to someone is a significant decision and then staying married to that person is yet another big commitment! However, fulfilling that commitment sometimes can become a little tough because of a number of reasons, which is why a lot many times people choose to file for divorce.
But consider a case where someone has filed for a divorce and had received the court’s verdict, but is dissatisfied with it. Then what should be his next move? What should be done now? Well, in accordance with the law, there actually are certain ways that you can try to get the decision altered but for that, one has to make a quick move, or the time limit ends.
So, if you are one such person who is unhappy with the court’s decision then here are some facts that you should take into account for the appellate work in matrimonial.
Motions to reconsider for appellate work in matrimonial
If you want to pursue appellate work in matrimonial because you believe that the judge has made some major error, then you can file a motion asking for reconsideration. However, this has to be done within 20 days of the final judgment and the motion needs to address the specific mistake of law or fact, or the appeal will not get a positive response.
However, if one spouse discovers some evidence that was not available originally, or finds proof of fraud, or mistake, or discovers that his/her spouse engaged in some misconduct then the judge can set aside a decision even after the 20-day period is over. Usually, this process can be carried only within a 1-year limit, but in extremely rare cases where the judges feel that a very incorrect decision would stand if the changes are not made, the time limit can be stretched further.
However, if the judge considers extending the 1-year time limit then he will want for you to offer him a valid reason for the delay in bringing in the motion.
One thing you would also like to remember here is that courts generally view default judgments a little more liberally as compared to the judgments entered after a court appearance.
So, these are certain time limits and facts that you need to be vary of, if you are considering reversing the court decision on your marriage. Getting the advice of your attorney and acting on those recommendations immediately is a must.
For more information about our family law attorney in Northern NJ, call Kathy Karas-Pasciucco at 201-791-4400.
Feitlin, Youngman, Karas & Gerson, LLC - Your Family Law Attorney in Northern NJ
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