Family Law Appeal Lawyers in Geneva, IL

Kane County Attorneys for Divorce Case Appeals in Illinois

The processes involved with a divorce or other family-related legal matters can be extremely challenging and emotionally draining. Feeling as though decisions by a family court judge are not in your favor can be extremely disappointing and financially devastating. If you have recently experienced a negative outcome in your divorce or another family law matter, you may feel defeated and alone, but there may be hope. McSwain Rapp Law, LLC knows that an unfavorable ruling in family court may seem like the end of your case, but depending on the situation, filing an appeal may be an option.

Experienced Appellate Lawyers Serving Illinois, Including Kane, DuPage, and Kendall Counties

In the state of Illinois, the statutes that govern divorce, asset division, spousal support, parental responsibilities (previously called child custody), parenting time, and other family-related concerns can be very complicated and confusing, even for those who have dedicated their careers to family law. With this in mind, it is surprisingly easy for a presiding judge to misinterpret or misapply a specific element of the law. Likewise, a trial judge could also have inappropriately dismissed certain evidence or failed to consider particular factors required by law. In any of these scenarios, the judge's error could be addressed by filing an appeal, but you must act quickly. There is typically a very limited timeframe in which you are permitted to initiate an appeal under Illinois law.

It is very important to keep in mind that an appeal of a divorce judgment or any other family court decision is not a re-trial. A three-judge panel or a full panel will be responsible for reviewing the transcript of your case, as well as any evidence or testimony that was presented. Your attorney will have the opportunity to present arguments and evidence to the panel in an effort to show that an error or mistake was made during the original proceedings. The appellate court will then decide if the alleged error actually occurred and the extent of the error's effect on the case. The three-judge panel could uphold the lower court's decision, amend the decision, or reverse the original decision and remand the case back to the lower court for additional proceedings.

Getting a New Attorney for Your Appeal

McSwain Rapp Law, LLC has a great deal of respect for our fellow attorneys, but we realize that a fresh approach is often the best option when you are considering an appeal. The attorney who represented you originally may have done his or her best for you, but with our legal knowledge and experience, we are frequently able to identify issues that others—attorneys and judges included—might have missed.

Under Illinois law, you are not required to use the same attorney for the appeal that you used during your original proceedings. This means that no matter which firm represented you before, we can help you with your appeal. In fact, it is often best to get a fresh set of eyes on your case. Our attorneys will work closely with you in analyzing your case and the questionable ruling so that we can determine how best to proceed. We will focus on any possible mistakes that the court may have made and develop an appeal strategy that is designed to maximize your chances of success.

Schedule a Free Consultation Today

If you are considering filing an appeal of your divorce judgment or any other family-related court ruling in Illinois, contact our office as soon as possible. Call 630-581-2877 and schedule a free consultation with McSwain Rapp Law, LLC today. We serve family law clients in Geneva, St. Charles, Batavia, Elgin, Elburn, Kendall County, DuPage County, Kane County, and throughout the surrounding areas.