When couples decide to divorce in Illinois, they have two options: a contested divorce or a non-contested divorce.
April 5, 2023
How Do I Appeal a Divorce Judgment in Illinois
Going through a divorce is an emotionally taxing and challenging process. However, it is made even more difficult when the outcome of the divorce is not satisfactory to one of the parties involved. In such a case, it may be possible to appeal the divorce judgment. If you are in Illinois and looking to appeal a divorce judgment, here is what you need to know.
What is an Appeal?
An appeal is a legal process that allows a party to request a higher court to review a lower court's decision. When it comes to divorce cases, an appeal can be filed if one party is not satisfied with the outcome of the case. An appeal is not a retrial of the case; it is a review of the proceedings of the lower court to determine if there were any errors made during the trial.
Grounds for an Appeal in Illinois
If you are looking to appeal a divorce judgment in Illinois, you need to have valid grounds for the appeal. Grounds for an appeal can include:
1. Errors in Law - If the lower court judge made an error in interpreting the law or applying the law to the case, it can be a valid ground for an appeal.
2. Errors in Fact - If there were factual errors in the lower court's decision, such as incorrect calculations of assets or income, it can be a valid ground for an appeal.
3. Improper Conduct - If either party engaged in improper conduct during the trial, such as hiding assets or lying under oath, it can be a valid ground for an appeal.
4. Ineffective Assistance of Counsel - If your attorney provided ineffective assistance during the trial, it can be a valid ground for an appeal.
How to File an Appeal in Illinois
If you believe that you have valid grounds for an appeal, you must file a notice of appeal with the circuit court within 30 days of the final judgment. This notice of appeal is a document that informs the court that you intend to appeal the decision. It is essential to file this document within the specified time frame; otherwise, you may lose your right to appeal.
After filing the notice of appeal, you will need to prepare an appellate brief, which is a written argument that outlines your case for the appeal. The brief must include the following:
1. A statement of the case and the issues being appealed.
2. A statement of the facts of the case.
3. A legal argument explaining why the lower court's decision should be overturned.
4. A conclusion summarizing the argument.
Once the appellate brief is prepared, it must be filed with the appellate court within 35 days of filing the notice of appeal. The other party will then have an opportunity to respond with their own brief.
After the briefs have been filed, the appellate court will schedule oral arguments. During these arguments, each party will have an opportunity to present their case to the court. The appellate court will then issue a decision, which can affirm the lower court's decision, overturn it, or send it back to the lower court for a retrial.
Appealing a divorce judgment in Illinois is a complex legal process that requires careful attention to detail and a thorough understanding of the law. If you are considering an appeal, it is essential to work with an experienced divorce attorney who can guide you through the process and help you build a strong case.
Remember, an appeal is not a guarantee of a different outcome. The appellate court will only overturn a lower court's decision if there were valid errors made during the trial. However, if you believe that there were errors made in your divorce case, an appeal may be your best option to achieve a more satisfactory outcome.
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