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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
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
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.