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number one probably the biggest risk
that i would suggest
is that the appellate division in my
experience does award council fees
to the prevailing party
so
Legal Fees
if you file an appeal
and it’s
frivolous
and if it’s um
you know not granted you lose there’s a
real possibility that the appellate
division is going to make you pay the
other person’s legal fees
having said that it’s also true that if
you file an appeal and you’re successful
maybe the other party will have to pay
your legal fees
and i’ve seen that happen it happens
more often than not frankly that the
appellate division in my experience does
award
legal fees i know personally i take that
into consideration um and i never file
an appeal that i think is is a loser
frankly
um for just that reason
Delay
so that’s certainly one of the risks the
other risk i think would just be time
you know just delay
any appeal
i would say takes at least
six months probably eight months and it
could be a year
so you’re not going to get you know
responses right away
so if it’s an issue that
can wait that time period
then yes you should you know you can
appeal but if it’s if it’s an issue
that’s going to be moot
a year later then it makes zero sense to
pursue appeal
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Bradley Beach, NJ family law attorney Brian Winters discusses the risks of appealing a family court decision. He remarks that one of the biggest risks in filing an appeal is the potential for the appellate division to award counsel fees to the prevailing party. If an appeal is frivolous or unsuccessful, there is a very real chance that the losing party will be ordered to pay the other side’s legal fees. On the other hand, if the appeal succeeds, it is also possible that the opposing party will be required to pay his client’s fees, and in his experience, the appellate division often does award legal fees. For that reason, he is careful never to file an appeal he believes has little chance of success. Beyond fees, he points out that delay is another significant risk. Appeals typically take at least six to eight months, and sometimes up to a year, before a decision is issued. That means appeals only make sense if the issue at stake can withstand that kind of delay; if the matter will be moot by the time a ruling is issued, pursuing an appeal is essentially pointless.
