Chicago Divorce Appeals Lawyer
Many couples are unhappy with the outcome of their divorce. They spent a lot of time and money getting a judge to decide on their case, only to have it go in the other spouse’s favor. What are their options? Can they file an appeal?
Appeals are only allowed in certain cases. You won’t be allowed to pursue an appeal simply because you disagree with the terms of the divorce decree or are unhappy with the outcome in some other way. You cannot file an appeal simply because you think the court’s decision is unfair.
A divorce decree is a complex legal transaction and changing it is not easy. The only time a divorce decree can be successfully appealed is when you can prove that the judge made an error in the interpretation of Illinois law. Some examples would be the judge making a decision about child support payments based on false claims of income or the judge admitting evidence into the court that was legally inadmissible.
Think you have the evidence needed for an appeal of your divorce case? Contact a Chicago divorce appeals lawyer from Birnbaum Gelfman Sharma & Arnoux, LLC and let us assess your case.
What is the Appeals Process?
If you believe you have grounds to appeal your divorce decree, you must act quickly. You must file your appeal with the appropriate Illinois appellate court within 30 days of the divorce decree being issued. An appellate court has three judges who are responsible for determining whether or not the original decision stands or if there was in fact an error.
You will need to explain to the court why you are appealing the divorce decree and what mistakes you found in it. The appellate court will examine what happened during the trial court proceedings and see if there were in fact any legal errors. The court may decide that the original divorce decree was correct. They could also decide that all or part of it was made in error. If an error is found, they may amend the decree to correct the mistake or send it back to the lower court, where it will be retried.
When is an Appeal Justified?
Not happy with your divorce decree? An appeal may be justified in the following situations:
- The judge made their decision based on incomplete or false information.
- A procedural mistake influenced the outcome of the case.
- The decision was based on the judge’s incorrect interpretation of the law.
- The judge used evidence that was inadmissible in court.
Contact Birnbaum Gelfman Sharma & Arnoux, LLC Today
If you are unhappy with the outcome of your divorce, an appeal won’t work unless you can prove that the judge made an error. This is not an easy thing to do.
It’s difficult to get a successful appeal. The team at Birnbaum Gelfman Sharma & Arnoux, LLC can help you get results. To schedule a consultation with a Chicago divorce appeals lawyer, fill out the online form or call (312) 863-2800.