Appealing a Decision Made in Your Illinois Divorce Decree

 Posted on March 31,2022 in Illinois Divorce

Divorce judgments, also known as divorce decrees, are made during a marriage dissolution. These legal documents are intended to give ex-spouses a guideline for how their joint assets will be divided and allocate spousal and parental responsibilities. However, there are situations where an individual believes the court made a grave error in a decision made during a divorce proceeding. These errors can cause distress to a spouse or parent who feels the court ruled improperly. In Illinois, citizens have the right to appeal a final court ruling that has been implemented.

Valid Reasons to Submit an Appeal

It is essential to have a valid reason in the appealing process of making a change to important legal documents. Various circumstances could yield a good reason to appeal a decision. For example, if the court rules that one parent should not have visitation time with the children without understanding all of the evidence, that parent has the right to appeal that ruling. A spouse can not legally appeal a court decision simply because they are dissatisfied with the result of their case. There must be a legitimate legal flaw in the case, which could include:

• The evidence used to make a legal ruling was inaccurate, incomplete, or inadmissible
• A lawyer, judge, or jury made a procedural mistake in the case
• The judge inaccurately applied the law in their ruling 
• The was another error in the law that the judge used to make a final decision 

Real-life examples of how an error in the law could have created an improper ruling in a divorce case can include:

• A parent lost custody due to inadmissible or inaccurate evidence 
• A spouse had hidden money leading to improper distribution of financial assets 
• One of the spouses received custody but has a hidden history of domestic abuse

The Appeals Process in Illinois 

If a legal error made in your divorce case has led to an adverse court ruling, you have the right to appeal the court’s decision. When handling appeals, time is of the essence. Individuals have to file a Notice of Appeal with the court within 30 days of the final ruling. It is in an individual’s best interest to have a strong attorney to help present the legal errors made in the case and explain to the appellate court why this error led to a mistake in the final divorce ruling. 

Speak With a Kane County Divorce Lawyer 

Appealing a court decision is challenging, and individuals must be ready to present concrete evidence of a legal flaw in the original court proceeding. At Weiler & Associates, Inc., our skilled Kane County divorce attorneys are prepared to review the elements of your case and try to assist you moving forward. Please contact us at 630-331-9110 to schedule a consultation with our office. 

Source:

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