An appeal is a request for a higher court to review a court order for errors and to decide if these errors warrant a different outcome. The Appellate Division will have the exact same evidence that the trial court did, and the side taking the appeal is required to show where the errors, explain why they are errors, and argue why these errors affected the court's disposition of the underlying matter.
Is there time limit to the divorce appeal?
There is a strict time limit to the divorce appeal. If you decide to make an appeal on the court decision or judgment, you must submit the Notice of Appeal within 30 days, and perfect the appeal within 6 months. If you miss the time, you miss the opportunity to appeal.
Can new evidence be submitted in an appeal?
An appeal is not a new hearing, and no new evidence can be introduced in an appeal. If you fail to include the substantive evidence in the lower court hearing, or the lower court judge considers your testimony incredible, then the appeal will probably not reverse the lower court decision.
What is the probability to win the appeal?
It is hard to say. Every case is different. You can make a phone conversation with us or appointment in person. Our attorney will tell you how big the chance is and give the roadmap of the appeal.
Can the appeal stay the lower court order?
The appeal itself will not automatically stay the lower court order. It normally takes more than a year to get a decision from the appellate division. There is a chance that the decision of the lower court has been enforced even before we get the appeal decision. IF you want the decision to be stayed, you need to file an order to show cause to stay the order. This order to show cause will only be effective after the appellate division judge signs on it. If appellate division judge does not sign, then the lower court decision will be enforced anyway.
Some content is cited from Douglas Barics blog.