What You Need to Know About Appealing Your Family Law Case

 Posted on December 03, 2015 in Family Law

After a final decision has been reached in your family law case, you only have a short time to decide if you should file an appeal. Not every case is suited for an appeal. You need to have your case evaluated by a lawyer with experience in bringing appeals of family law cases.

Timelines and Options

Illinois law usually requires that any appeals of final orders be filed within 30 days of the order being issued. The first document you file is a Notice of Appeal. While appeals of custody orders are often heard on an accelerated docket, most appeals take months, or sometimes longer, to be completed.

After an order is issued you also may have other issues besides an appeal. Depending on the facts of the case, either party can file a motion for the court to reconsider the ruling. Additionally, a motion to modify an order may be appropriate if there has been new evidence or a significant change in circumstances.

What Types of Issues Can be Appealed?

Appeals cannot be filed just because you are not happy with the result of the trial-an appeal is not a way to get a new trial. An appeal is filed when you believe the judge made a mistake in the way he or she applied the law. An appeal will be heard by a court of appeals.

You can appeal mistakes in law as they relate to any issue such as child support, spousal maintenance, custody, or property division. While there is no limit on the number of issues you can bring on appeal, as a practical matter, you only want to raise those issues that are the most important and have the biggest impact.

The Appeals Process

When you appeal a family law order, your appeal is heard by the Court of Appeals for your county. Illinois is divided into different circuits. Several counties make up each circuit. Sometimes, after a case is ruled on at the Court of Appeals, the loser will try and have the appeal heard by the Illinois State Supreme Court.

In an appeal both sides will file briefs that explain their positions on the issues. The side filing the appeal will also be responsible for providing the court with a certified copy of the court record for the case.

If you are considering an appeal of your family law case, you need to speak with a seasoned and knowledgeable DuPage County family law lawyer right away. Time is of the essence. Call The Stogsdill Law Firm, P.C. today at 630-462-9500.

Source:

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