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Filled appeal on wrong judgement on equal distribution

Washington, NJ |

My friend is in very bad situation after the divorce trail The Judge had made serious errors finding the equal distribution , applying law, calculations errors and infact spouse account was not even included in equal distribution. He went ahead and filled appeal . Is that the right thing to do in first case? and what if appeal court denied his appeal ...then can he still go back to trail court to fix those errors? How can atleast he fix those errors ....please advice

He had already filled appeal. and waiting for the response. Can he still go back to trail court to atleast fix calculation errors and double dipping errors ? Thanks for help

Attorney Answers 4

Posted

Appeals are not for the faint of heart, and certainly not "user friendly" Your friend need an attorney. Within 20 days of the Judgment, a litigant can file a motion for reconsideration, and I find this is the best avenue of relief. But once an appeal is filed, the court generally loses the ability to "fix" errors. I suggest your friend talk to an attorney.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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Posted

Mr. Ricci hit the nail on the head. Appellate practice is difficult and he should retain counsel experienced with appeals to handle his case. His position may be more tenuous if he tried the case on his own.

IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.

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Posted

The matter you are describing is simply too complex for this forum. For your friend to receive reliable advice he must schedule a meeting with an experienced family law attorney who can review and analyze all his options.

As noted within the prior responses, Appeals are complicated, and absent extreme circumstances, should be addressed with the assistance of counsel.

The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.

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Posted

Agreed with the above. No way to tell if he should have returned to the trial court before proceeding with an appeal based on the facts you gave.

IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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