Can I Appeal an Undesirable Divorce Outcome?

 Posted on June 14, 2022 in Main

When a divorce case goes to trial, the court makes a determination on the unresolved issues. The court may hand down decisions regarding property division, child parenting issues, spousal maintenance, or other divorce matters. If a spouse disagrees with the court’s decision, can they file an appeal? The answer depends on the specific facts of the case. Successful divorce appeals are rare, but they are possible in certain situations.

Filing an Appeal After Divorce

If you got divorced and you are unsatisfied with the outcome of a trial, you may be interested in filing an appeal. It is important that anyone hoping to appeal their divorce contact an attorney and get started as soon as possible because you only have 30 days from the date of the final judgment to file a notice of the appeal with the court.

Contrary to popular belief, you cannot file an appeal just because you are unhappy with how the divorce turned out. You must have grounds or legal reasons that justify the appeal. Essentially, when you appeal the court’s decision, you are stating that you believe the decision was incorrect or flawed.

A successful appeal may be possible if:

• The judge made a decision based on inaccurate or incomplete information.
• There was a procedural mistake during the divorce.
• Illinois law was misunderstood or incorrectly applied to the case.

Appeal Procedure in Illinois

Divorce appeals are heard by the Illinois Appellate Court. Unlike a typical divorce trial, there are three judges involved in an appeal case. The judges will consider the reasons you are asking for and appeal and analyze the circuit court’s decision. If the judges decide that a divorce judgment was made in error, the case returns to the lower courts. If the judges decide that the circuit court’s decision was not flawed, the judgment will be upheld and nothing changes. The divorced parties are expected to comply with the terms of the divorce decree.

Contact a DuPage County Divorce Lawyer

Appealing a divorce judgment is no easy task. If you believe that the outcome of your divorce trial was based on false or incomplete information or was otherwise flawed, you will need a skilled lawyer experienced in appellate cases. Call the Wheaton divorce lawyers at MKFM Law to learn more. Call 630-665-7300 to set up a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59