When Can a Divorce Judgment Be Appealed in Illinois?

 Posted on January 22, 2021 in Divorce

Couples in Illinois who choose to legally dissolve their marriage have the option of determining the terms of their divorce. Decisions about issues like property division and child custody are largely left up to the spouses. While some couples are able to negotiate a settlement, others are unable to reach an agreement about one or more issues. If a divorcing couple cannot reach an agreement outside of court, the case goes to litigation. A judge evaluates the evidence and arguments presented by the parties and then issues a judgment. Parties have the opportunity to appeal the judge’s decision; however, a successful appeal is only possible in certain circumstances.

What if I Disagree With the Court’s Decision?

The outcome of a divorce is likely to have a significant impact on the parties’ lives. Your divorce decree may influence everything from how often you see your children to where you live. If your divorce does not turn out the way that you had hoped, you may wonder if you can file an appeal. It is possible to appeal a divorce judgment, but only under certain circumstances. In most cases, disagreeing with the court’s decision or thinking that the decision is unfair is not a valid reason for an appeal.

Appeals Must Be Based on an Alleged Error

While it is not possible to successfully appeal a divorce judgment simply on the basis of being unhappy with the decision, there are circumstances when a successful divorce appeal is possible. Divorces and other court judgments can only be appealed if the ruling stemmed from a misinterpretation of the law. For example, if you disagree with the judge’s decision about child support because you believe that your ex-spouse should pay more, this disagreement alone does not justify an appeal. However, if the judge failed to follow Illinois law when calculating child support, you may have grounds for an appeal.

A successful appeal of your divorce judgment may be possible if:

• A procedural mistake affected the judgment.

• The court’s decision was founded on incomplete or incorrect information.

• The court’s decision was founded on evidence that was insufficient or inadmissible.

• The court’s decision was based on a misinterpretation or misapplication of the law.

Contact a Wheaton, Illinois Divorce Lawyer

Appealing a divorce is a complex, legally-challenging endeavor. If you wish to appeal your divorce judgment, or if you have other divorce-related needs, contact one of the accomplished DuPage County divorce attorneys at The Stogsdill Law Firm, P.C. Schedule a personalized consultation by calling 630-462-9500.

Source:

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