Overview
If your divorce was contested (you and your spouse disagreed on one or more issues), either party can file an appeal of the judge’s decision.
You cannot appeal a decision from an uncontested divorce.
When to file
You must file your appeal with the Appellate Division of the Superior Court within 45 days of the court’s final decision.
Do I need a lawyer to file an appeal?
You do not need a lawyer, but appeals can be complicated and require strict legal procedures. It’s a good idea to have an attorney if you can.
Things to think about before representing yourself in court
If you represent yourself, you must follow the Rules of the Court, just like a lawyer. Court staff can help with procedures, but not legal advice.
Court Staff Can:
- Explain how the court process works
- Tell you what forms are required
- Provide sample forms
- Help you understand how to complete forms
- Answer questions about deadlines
Court Staff Cannot:
- Give you legal advice or opinions
- Tell you whether to appeal
- Recommend specific lawyers
- Talk to the judge for you
- Predict how the judge will rule
- Change or cancel a judge’s order
Steps to file an appeal
- File a Notice of Appeal.
This starts the appeal process. It must be filed with the Appellate Division of the Superior Court within 45 days of the judgment or order. - Request a transcript.
You must order an official transcript of your case from the Appellate Division. The court needs this transcript to review what happened in your original trial. - Complete a Case Information Statement.
The Family Part Case Information Statement form (CN 10482) provides background details about your case. - Use the Self-Help Kit
The How to File an Appeal Self-Help Kit provides instructions and sample forms to guide you through the process.
Filing Fees
When you file your appeal, you must pay the following fees:
- $250 – submitted with the Notice of Appeal
- $300 – paid to the Clerk of the Appellate Division within 30 days of filing the appeal
If you win your appeal, the $300 will be refunded.
If you lose, it may be used to pay settlement or court costs.
Do you qualify for a fee waiver?
You may not have to pay the filing fees if you qualify for a fee waiver.
- If you already received a fee waiver in your divorce case, attach:
- A copy of that order, and
- A signed statement that your financial situation hasn’t changed.
- If you did not have a fee waiver in your divorce case, you can submit a new request for a fee waiver with your appeal.
Send copies of your appeals document to:
- All parties who appeared in your divorce case
- The local Superior Court that handled your divorce
- The judge who decided your case
Keep a copy of everything for your own records.
Preparing your appeal
You will need to write a brief — a written document that explains why you believe the judge’s decision was wrong and why your appeal should be granted.
The brief should clearly explain:
- The legal errors you believe occurred
- The specific orders you want the court to change
Questions About Your Appeal?
Call the
at
for help with general procedural questions.