Divorce Appeals Rare for a Reason

 Posted on June 15, 2017 in Divorce

After an Illinois court issues its final judgement on a divorce settlement, either party has the right to appeal the decision. However, many attorneys will caution you against appealing your divorce. You may want to appeal your divorce settlement in order to get a more favorable deal, but an appellate court will reject your appeal if that is the only reason. The purpose of a divorce appeal is to prove the trial court erred in its interpretation or application of the law. Divorce appeals are costly and successful only in rare cases.

Process

In Illinois, a person has 30 days to file an appeal after the court rules on the divorce settlement. The appellant must write a detailed brief, explaining why the lower court’s judgement should be overturned. In some cases, the appellate court may allow oral arguments. Once all the evidence has been presented, the appellate court will decide whether to uphold the original ruling, overturn it or send the case back to the lower court.

Reasons to Overturn

Appellate courts will trust a lower court’s judgement on a divorce case, unless the lower court did not follow divorce law. To successfully appeal a divorce ruling, you must present detailed evidence of how the lower court was legally incorrect. Grounds for appeal may include that the judge:

• Erroneously interpreted or applied divorce law; or
• Willfully abused his or her power by making an unlawful decision.

Cost

Besides the low rate of success, you should consider the cost of appealing your divorce ruling. The appeal can take years to complete, and the expenses can accumulate because:

• You will likely need to hire a new lawyer, who may spend hundreds of hours catching up on your case;
• You need to obtain trial transcripts and divorce documents in order to prove your appeal;
• You may be ordered to pay the legal expenses of your former spouse; and
• If your appeal is successful, the case may be sent back to the lower court.

Keep in mind that you may still be responsible for support payments during the appeal.

Alternative

Appealing a divorce ruling is a risky and difficult process that you should only pursue if you can prove the court was in error. If you discover new evidence that is pertinent to your settlement or your life circumstances have changed, you may have more success in filing a motion to modify your divorce agreement.

If you are considering appealing your divorce ruling, contact a Kane County divorce attorney at Goostree Law Group to discuss your chances of success. Free consultations are available by calling 630-584-4800.

Source:

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