Can I Appeal the Court’s Decision Regarding My Illinois Divorce?

 Posted on April 09, 2021 in Divorce

When a divorcing couple cannot reach an agreement about property distribution, child custody, spousal maintenance, or other divorce terms, the case may go to trial. During a divorce trial, each side presents arguments and evidence that support their claims. The court considers each party’s arguments, examines the evidence, and then hands down a decision about the unresolved issues. If you have received a ruling from an Illinois court regarding your divorce that you disagree with, you may be able to appeal the court’s decision.  

What Are the Grounds for Appealing a Divorce in Illinois?

You cannot successfully appeal a court’s decision simply because you do not agree with the court’s finding. If you believe that the judge was wrong, you will need to show grounds or reasons that justify an appeal. A successful appeal is possible when a court’s ruling is based on mistaken or false information. For example, if the information used by the judge when making the decision was incomplete or inaccurate, you may be able to appeal the decision. Procedural mistakes or an incorrect application of Illinois law may also justify an appeal.  

What Happens During an Appeal?

If your divorce ruling was based on flawed information or there were mistakes during the trial that justify an appeal, you must act quickly. You only have 30 days after the ruling to file an appeal. Illinois divorce appeals are heard by the Illinois Appellate Court. Three judges will review the decision handed down by the circuit court and the reasons that you are requesting an appeal. If the Appellate Court finds that there is not sufficient reason to change the lower court’s decision, the court will uphold the decision and nothing changes. However, if the Appellate Court finds that the lower court’s decision was flawed, the court may modify the decision or send the case back to the lower court for further proceedings.

Should I Use a New Lawyer During My Appeal?

You may choose to use the same lawyer that you used during the trial for your appeal, or you may retain a new lawyer. It is important to consider that only a small percentage of divorce cases end up going to trial. An even smaller percentage of those cases are appealed. Successfully appealing a court’s ruling takes a very particular set of skills and experience. Therefore, you may want to consider working with an appeals attorney that has a track record of winning family law appeals.

Contact a Kane County Appeals Lawyer

If you are interested in learning more about appealing your divorce judgment, contact the talented Geneva appellate lawyers at McSwain Rapp Law, LLC. Call us at 630-581-2877 for a free, confidential consultation.

Sources: 

https://www.ilga.gov/legislation/ilcs/documents/075000050K413.htm