Filled appeal on wrong judgement on equal distribution

Asked about 2 years ago - 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

Additional information

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)

  1. Robert Ricci

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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... more
  2. John B. D'Alessandro

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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-... more
  3. Kenneth A White

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  4. David Perry Davis

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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.... more

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