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Questions You Need Answered Before Filing an Appeal

Posted on in Family Law

Feeling disappointed and angry due to the decision of a family law judge is a common reaction. Family law cases are complex and it is difficult to strike a balance between the two sides. Moreover, many people's initial reactions are to file an appeal. However, before you decide to spend the time, effort, and money on an appeal, you need to get the answers to a few questions.

Is Your Case a Good Candidate for an Appeal?

Simply not liking the results of a family law case is not a reason to file an appeal. There must be some type of legal error that affected the outcome of your case. For example, if the judge abused his or her discretion, then you may have grounds for an appeal. Appellate courts start with the presumption, in most instances, that the judge in your case made the right decision. It can be difficult to demonstrate that the judge made an error and that the error was not harmless. Still, even having a legal reason to file an appeal is not enough. You should not file an appeal unless your lawyer believes you have a chance at winning.

Can a Successful Appeal Give You Want You Want?

When you win on appeal, often the case is just sent back down to the original judge with instructions to use a different approach or standard in making a decision. It is possible to win your appeal, but still not get the outcome for which you were hoping. You need to have a detailed discussion with your lawyer about your goals and what an appeal can realistically accomplish.

Would Your Time and Money be Better Spent Working on a Modification?

Final orders in family law cases are rarely final. Illinois allows both sides to go back and seek a modification of an order after six months if there has been a significant change in circumstances. You can only seek modifications for child support, some spousal maintenance issues, and the allocation of parental responsibility decisions. If your concerns center around one of these issues, you may be better off working with your lawyer to plan on a modification at a later date. Because every case is unique, you will need to consult with a knowledgeable family law lawyer.

If you have questions about appealing your family law case, you need to speak with an experiencedDuPage County appeals attorney right away. Get your case evaluated before it is too late. Call The Stogsdill Law Firm, P.C. today at 630-462-9500 to schedule a consultation.

Source:

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

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