How Appeals Work in Illinois Family Law Cases

 Posted on February 07, 2023 in Divorce

When people involved in a divorce or family law case head to court and go through a trial, it is important to understand that a court decision is not necessarily the final word on the matter. Illinois Supreme Court Rules allow people to appeal court decisions, meaning any judgment in a Circuit Court can be appealed to an Appellate Court and a judge or panel of judges may review the case.

Appeals typically have to be filed with the Circuit Court Clerk within 30 days of a court decision. After 30 days pass, the decision becomes binding, and no appeals will be granted.

Legal Grounds for Appeals

Appeals cannot be based on simple dissatisfaction with a judge’s decision. An appeal needs to allege some kind of mistake of law or mistake of fact.

A mistake of law involves a misapplication of the law. A mistake of fact involves a misapplication or misunderstanding of the facts in the case. In other words, the judge’s conclusion was made in error.

Possible Outcomes of an Appeal

If you believe your divorce, child custody dispute, or other family law case was decided in error, you have the right to file an appeal. However, it is important to know that the appellate court may decide to uphold the trial court’s decision. An appeal is not a second chance to try the case. The purpose of the appeal is to determine whether the trial court’s decision was made in error. The court may uphold the trial court’s decision, remand the case or send the case back to the trial court, or vacate the trial court’s decision.

Notice of Appeal

A notice of appeal will need to contain the court a person is appealing to and from, the name and number assigned to the case by the trial court, the name of the person filing the appeal and the party who will be responding to the appeal, the orders of the trial court the person is appealing and the dates they were entered, and what the person wants the appellate court to do.

Contact a Naperville, IL Family Law Attorney Today

If a mistake of law or mistake of fact leads to an erroneous conclusion to your divorce or family law case, you may be able to appeal the court’s decision. Contact our DuPage County family law attorney at Calabrese Associates, P.C. to get complete help with your case and guidance about the appropriate steps you can take.

Our Naperville, IL family law attorney will be committed to helping you achieve the most desirable outcome for your case. You can call 630-393-3111 or contact our family law attorney online today to schedule an appointment.

Source:

https://www.illinoiscourts.gov/Resources/6f4fae47-8963-4f2a-9821-9e8e4125fcf5/Guide_for_Appeals_to_the_IL_Appellate_Court.pdf