When Can an Illinois Divorce Order Be Appealed Successfully? 

 Posted on September 10, 2021 in Divorce

Many people are dissatisfied after their final divorce order is issued by an Illinois court. After months or years of attempting to resolve complex issues like marital asset division and parenting time, a judge may make a final decision that one or both parties are not happy with. Aggrieved persons may want to appeal the court’s divorce decree for something that is more in their favor. 

However, divorce orders are complex legal transactions and may only be successfully appealed in very specific circumstances. In this article, we will look at some common questions about divorce decree appeals. Keep in mind that the best source of advice and information about your unique situation is a qualified Illinois divorce attorney. 

When Can a Divorce Decree Be Appealed in Illinois? 

Unfortunately, it is simply not possible to pursue an appeal simply because you disagree or are unhappy with the terms of the divorce decree, no matter how unfair or biased you may think it is. The only time a divorce decree can be successfully appealed is when there is a possibility that the judge’s decision stemmed from an error in the interpretation or application of Illinois law. 

For example, if a judge made a decision about child support payments based on false or fraudulent income claims, that may be grounds for an appeal. Likewise, if a judge admitted evidence into the court which was legally inadmissible, insufficient, or incorrect - such as a recording of a threatening phone call that was obtained illegally - that may also be grounds for an appeal. 

How Does the Divorce Decree Appeal Process Work? 

If you believe you have sufficient grounds to warrant an appeal of your divorce decree, you must act quickly. Illinois law requires appeals to be filed with the appropriate Illinois appellate court within 30 days of the divorce decree being issued. Appellate courts have three judges and are responsible for determining whether the proceedings of a court trial were done correctly.

You must explain why you believe the divorce decree contained mistakes or errors and what those mistakes are. The appellate court may decide the original divorce decree was correct, or they may decide that all or part of the original decree was made in error. If the divorce decree was made in error, the decree would be “sent back” to the lower courts to be retried. 

Consult with a DuPage County Divorce Appeals Attorney

It is difficult but not impossible to appeal a divorce decree successfully. The skilled Wheaton, IL divorce attorneys with The Stogsdill Law Firm, P.C. have experience working with a wide variety of cases and have successfully appealed past divorce decrees. We can work with you to help you understand whether an appeal is likely to be successful and assist you in creating a plan for the future. Contact our offices today to set up your initial confidential consultation. Call us at 630-462-9500. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K413