Archive for the ‘Appeals’ Category

Can You Appeal a Divorce Ruling?

April 21st, 2015 at 5:46 pm

divorce appeal, divorce ruling, Illinois Divorce LawyerAn appeal is a request to change the court’s official ruling after the ruling has been made. Any final court decision can be appealed, including divorce decrees. The individual who appeals the court’s decision is known as the appellant, and the other party involved with the appeal is known as the appellee. When an individual appeals a ruling, the case goes to appellate court, rather than back to trial court.

An appeal can be used to challenge the trial judge’s interpretation of the law, admissibility of evidence, or the application of the law to a particular case. An individual may file an appeal once a final order is entered by the trial court. He or she has up to 30 days after the ruling to file a notice of appeal, which communicates the appellant’s intention to appeal the case’s ruling to the court. The right to appeal a divorce ruling is included in the Illinois Marriage and Dissolution of Marriage Act.

The Appeal Process

The process of appealing a divorce ruling involves multiple steps. It can be a lengthy process and there is the possibility that your appeal will be rejected, leaving the original ruling in place. It is recommended that you work with a knowledgeable divorce attorney to develop and pursue your appeal.

Once you have filed your Notice of Appeal, the next step is to deliver your case’s certified trial court file to the appellate court.  You then will have the opportunity to file your appellate brief, which is your chance to argue in writing why you think the trial court’s decision was wrong. Work with your attorney to develop a well-crafted argument for your position that your divorce was decided incorrectly by the judge. If your former spouse files a response brief, you may then file a reply brief, having the last word about your case before it goes to the appellate court for a decision.

Under some circumstances, the appellate court may request an oral argument for your case. Discuss this possibility with your attorney to determine if you may need one. Once the briefs are submitted and oral arguments are held, you will receive the appellate court’s decision. Ultimately, the appellate court will decide to reverse the original ruling, send it back to trial court to be heard again, or affirm the original ruling

Divorce Attorneys in the Chicago Area

If your divorce was recently finalized and you feel that it was somehow unfairly decided or poorly handled by the judge, consider filing an appeal. Your appeal could be your opportunity to change the court’s decision and get a fairer settlement for your divorce. Contact Anderson & Associates, P.C. at 312-345-9999 or on the web to discuss your case with one of the dedicated Chicago divorce attorneys at our firm. We proudly serve Illinois residents in our five convenient locations: Schaumburg, Orland Park, downtown Chicago, Wheaton, and Northbrook.