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Can I Appeal a Divorce Decree in Illinois? 

Posted on in Divorce

kane county divorce lawyerIf a divorcing couple is able to communicate effectively, they can resolve many issues together and save themselves the headache of going to trial. In a contested divorce, this may not be possible. Hostile spouses may need to go to a divorce court trial, during which a judge will evaluate the circumstances of each spouse and then issue a judgment. 

If you have already gone to court, received a divorce decree, and feel the judgment is unfair or incorrect, you may be able to appeal the judgment. However, this is only possible under certain circumstances. 

What Does a Divorce Decree Decide?

Divorce decrees can greatly influence your life, both now and in the future. Monetary issues such as asset division, change in homeownership, and spousal maintenance can have a tremendous impact on your overall financial stability. Moreover, a decree can impact your relationship with your children by determining when you can see them and whether you can share in parental responsibilities.

When Can an Appeal be Made? 

It is normal for people to be dissatisfied with a divorce decree – after all, couples must compromise in order to finalize the divorce. Although the right to appeal a divorce decree is part of the Illinois Marriage and Dissolution of Marriage Act, feeling unhappy with elements of your divorce decree is not sufficient reason to appeal. 

Divorce decrees can only be appealed when the original trial court’s ruling was a consequence of legal misinterpretation. If you think the judge was wrong in his or her decision regarding spousal maintenance because you believe your former spouse should receive less money from you, this alone will not give you grounds for an appeal. However, if the judge did not follow the law when calculating spousal maintenance, you may have cause to appeal. 

An appeal must be made within 30 days of the ruling, and in order to win, you will have to prove that the law was not correctly applied in your case. A judge may have misinterpreted evidence or the applicable law, or there may have been a procedural error. Appeals are heard by three judges who may decide to entirely strike down the original judgment, order your case to be reviewed, or amend the problematic section in the original decree. 

Talk to a Barrington Divorce Lawyer

If you are dissatisfied with your divorce judgment and are considering an appeal, consider Kane County divorce attorney Benedict Schwarz, II. With many years of experience and numerous awards, The Law Offices of Benedict Schwarz II, P.C. are committed to obtaining the best possible outcome for your case and will work with you to help you understand your options under Illinois law. Contact us today at 847-428-7725 to schedule an initial consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

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