Divorce Appeal Lawyer Chicago, IL
Unhappy With Your Divorce? Our Appeals Attorneys Are Here!
Many people end up unhappy with the final result of their divorce. Maybe they felt forced into an unfair settlement, because they ran out of money to fight. Maybe their divorce went to trial, and the judge ruled against their petitions. Is this you? Are you fuming, stewing, and wondering what you can do to change the terms of your divorce decree? You may be able to file an appeal, but it can be more complicated than appealing other types of legal decisions. Our Chicago, IL divorce appeal lawyer evaluates your situation, including every line of the trial transcript, to determine if you meet Illinois’ eligibility for filing a divorce appeal.
Divorce decrees are complex legal transactions; altering them isn’t easy. Usually, the only time you can file an appeal is if you can prove that the judge made an error when interpreting Illinois family law statutes. You cannot file an appeal just because you disagree with the judge’s decision; there must be a question of law and its interpretation for your case to have a chance. At Merel Family Law, we have a deep understanding of the Illinois family law codes, pay close attention to changes in case law that affect their interpretation, and are uniquely equipped to help you file a successful divorce appeal. We’re ready to take on the most challenging cases, so please call us today for a complimentary case review.
Illinois Laws Governing Divorce Appeals
We noted that the only grounds for appeal in an Illinois divorce are when you and your Chicago divorce appeal lawyer can prove that the judge made an error when interpreting family law statutes. For example, if the judge assigned child support payments based on false claims of income of one spouse, or if the judge admitted evidence into a hearing or trial, that legally should have been inadmissible.
Identifying these errors takes time, scrutiny, and a deep knowledge of Illinois laws. Our legal team has the resources and attention to detail to carefully review each line of your hearing or trial transcript, identify legal errors, and compare the judge’s decision with case law and current statutes.
If you believe you have grounds for an appeal, though, it’s vital to act quickly. You only have 30 days from the issuance of the divorce decree to file your appeal. Appeals are filed with an Illinois appellate court; in Chicago, yours will be filed with the Illinois Appellate Court First District, which hears appeals from Cook County. Appellate courts have three judges who evaluate the appeal and determine whether to uphold the trial judge’s decision or determine if there was, in fact, a legal error.
Your appeal contains the reason for the appeal and mistakes in the initial trial. Then, the appellate court may do one of several things:
- Decide that the original decree was correct (and you’re out of options outside of a modification of terms)
- Determine whether part or all of the decree was made in error and:
- Amend your decree to correct the mistake, OR
- Send the case back to the county divorce court, where there will be a retrial
It’s difficult to successfully appeal a divorce in Illinois. The attorneys at Merel Family Law have an impressive track record of achieving success where other firms fail. We’re here to help you get results. Call us today to speak with our Chicago divorce appeal lawyer.
