Can an Illinois Divorce Settlement Be Appealed?

 Posted on August 29,2023 in Illinois Divorce

Divorce proceedings are often life-changing for all individuals involved. Once a divorce settlement is reached, one might assume that the legal battle is over. However, it is possible to appeal a divorce settlement in Illinois in certain circumstances. Today, we will explore the grounds for appealing a divorce settlement, the processes involved, and the factors the court considers when deciding whether to grant an appeal. If you are interested in appealing a settlement or are in need of legal counsel in your divorce, contact a qualified and able lawyer to ensure you have the legal aid you need to fight for a favorable outcome in your case.

Grounds for Appeal

To appeal a divorce settlement in Illinois, the party seeking an appeal must establish that there are valid grounds for doing so. The most common grounds for appeal are errors of law or fact, fraud, coercion, or newly discovered evidence. Errors of law can occur when the court misapplies the law or fails to consider relevant legal principles. On the other hand, errors of fact involve the court’s incorrect interpretation of the evidence presented during the divorce proceedings. Fraud and coercion, if proven, can also invalidate a divorce settlement. Finally, newly discovered evidence that could not have been reasonably discovered during the original proceedings may also be grounds for an appeal. 

Process of Appealing a Divorce Settlement

To initiate an appeal, the party dissatisfied with the divorce settlement must file a Notice of Appeal within 30 days of the entry of the final judgment. The Illinois Appellate Court then hears the appeal, which reviews the case based on the record of the original proceedings. Unlike a trial, the appellate court does reexamine evidence or hear new testimony. Instead, it reviews legal arguments and determines whether errors were made during the original trial. The appellate court can certify the original decision, reverse it, or send the case back to family court for further proceedings. Please remember that after you file an appeal, you must abide by any existing court orders. This includes paying for spousal support and child support if relevant to your case.

Contact a St. Charles Divorce Attorney

While appealing a divorce settlement in Illinois is possible, it is essential to note that it is a complex and time-consuming process. If you believe you have grounds for an appeal, contact the qualified Kane County divorce lawyers with Weiler & Associates, Inc.. Call 630-331-9110 for a private consultation.

Source - https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000