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Should I appeal and what is the chance?

Verona, NJ |

My husband and I married many years ago. His parents had a house. Some time after marriage, his name was added to his parent's house, but not mine. After that, it has been me who paid the mortgage. Before filing the divorce, we signed a PSA that he would pay me equity for that house and I pay no alimony to him. However, he later challenged the PSA because he did not sign it voluntarily and he got nothing from the PSA. "voluntarily" was explicitly stated in the PSA. The PSA was set aside by the judge. Should I appeal and what is my chance? He works but makes less than me.

Attorney Answers 5


  1. It sounds like there are a lot of issues in your case. The biggest one is that your ex managed to set aside the PSA, that's huge, normally courts don't allow that without some basis to stand on. I wish I could give you advice on the appeal but there is not enough information in your post to do that. Here is my advice, this page is for basic questions and advice. Your situation is far from basic. The best advice that I can give you is to go see an attorney. Were you represented by an attorney for your divorce?

    The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.


  2. It' impossible to say without knowing more about the circumstances and reading the judge's decision. You should consult a local attorney and show the attorney your paperwork.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. This is a very specific question which can't be answered without reviewing everything that has previously happened. You will need to have a formal consultation in order to obtain reliable advise.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


  4. I agree that this requires a fuller discussion so that your options can be discussed. I would be happy to meet with you for a consultation. I'm experienced in both family law and in appellate practice and I am in your area.


  5. You might be able to file a motion for reconsideration or an appeal but it's difficult to advise you on either issue without more information about the decision. Both applications have a time frame by which you must file so you should discuss this with an attorney immediately.

    You should consider meeting with an attorney well-versed in these areas. I recommend you seek a law firm that concentrates in family law. This concentration allows the attorneys to better understand the issues and complexities of you matter.

    Additionally, below are links to articles and information that may assist you with your case.

    Good luck.
    Brad M. Micklin, Esq.
    The Micklin Law Group
    187 Washington Ave., Suite 2F
    Nutley, NJ 07110
    973-562-0100
    Brad@Micklinlawgroup.com
    www.micklinlawgroup.com

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.

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