Filled appeal on wrong judgement on equal distribution

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

Washington, NJ -

Attorney Answers (4)

Robert Ricci

Robert Ricci

Divorce / Separation Lawyer - Clark, NJ
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.

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John B. D'Alessandro

John B. D'Alessandro

Divorce / Separation Lawyer - Union, NJ
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.

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Kenneth A White

Kenneth A White

Divorce / Separation Lawyer - Edison, NJ
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
David Perry Davis

David Perry Davis

Divorce / Separation Lawyer - Pennington, NJ
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.

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