You Can Appeal but The Appeals Process is Not Like the Trial Process

Divorce proceedings often drain emotions and finances. If you believe the trial court made an unfair or incorrect decision, you might consider an appeal. However, the appellate process isn’t a simple “do-over” and involves strict requirements, potential benefits, and substantial costs. Think of it less like asking a retail manager to override a decision and more like submitting a detailed request for review to a higher authority. Let’s break down the intricacies of appeals in divorce cases.

What is a Divorce Appeal?

All appeals are a formal request to a higher court, the appellate court, to review a lower court’s (trial court) decision. It isn’t a new trial where you present new evidence or call additional witnesses. Instead, the appellate court meticulously examines the existing court record, including transcripts, exhibits, and legal arguments. Their goal is to determine if the trial court made an error that significantly impacted the outcome of your case.

A successful divorce appeal can overturn or modify the lower court’s ruling, potentially altering decisions on spousal support (alimony), parenting time allocation, or property division. It can rectify legal errors, clarify legal principles, and set precedents for future cases.

Essential Elements for a Success in the Appellate Court

Filing an appeal requires careful consideration:

1. Proper Paperwork: Specific legal documents must be filed within a strict deadline, typically 30 days after the final judgment.
2. Valid Grounds: You must demonstrate legitimate errors in the application of the law, procedural mistakes, or a judgment unsupported by trial evidence. An appellate lawyer does this by writing an appellate brief. An appellate brief is a legal argument, based on the evidence from the trial, which applies other appellate cases. It argues why the trial court was wrong.
3. Final Order: Appeals generally focus on final orders, not interim rulings, ensuring you’re challenging a complete decision.

What Issues Can You Appeal in a Divorce Case?

The appeal’s scope is limited to issues raised during the original trial. If a topic like spousal support never came up in court, you can’t introduce it on appeal. This underscores the importance of thoroughly addressing all relevant matters during your initial proceedings.

The Lengthy Road of Appeals and Divorce Appeals

The appellate process demands patience. It often takes over a year, sometimes even longer, to reach a resolution. The appellate court thoroughly reviews extensive documentation, including transcripts, legal briefs, and occasionally oral arguments. Court backlogs and case complexity can further prolong the process.

The Financial Reality: Costs of an Appeal

Appeals come with a hefty price tag. You’ll likely pay for court record preparation, transcripts, filing fees, and attorney fees. Appellate attorneys, due to their specialized expertise, often charge higher rates than trial attorneys. With the hours involved in preparing appellate briefs, the costs can easily reach tens of thousands of dollars.

What to Expect from an Appeal Outcome

The appellate court in Illinois typically chooses between two paths:

1. Affirm the Lower Court’s Decision: The appellate court upholds the trial court’s ruling, leaving the original decision unchanged.
2. Remand the Case: If the appellate court identifies an error, it sends the case back to the trial court with instructions to rectify the mistake or re-evaluate specific aspects.

Rarely does the appellate court directly modify a lower court’s order. Even a successful appeal often means returning to the trial court for further proceedings, incurring additional time and expense.

The Appellate Court’s Limited Review

The appellate court focuses solely on evidence and testimony presented during the original trial. They won’t consider new information unless it was improperly excluded. This emphasizes the critical need for thorough preparation and presentation of your case at the trial court level.

Should You Appeal?

While appeals offer a chance to alter an unfavorable outcome, they aren’t a guaranteed fix. With less than half of appealed cases resulting in modifications and the high costs involved, carefully weigh the potential benefits against the risks and expenses. Consult with an attorney to make an informed decision.

Your Partner in Navigating the Appeals Process

If you’ve received an unfavorable decision in your divorce case and are considering an appeal, I can help. With extensive experience handling family, guardianships and divorce appeals, I can assess your situation, evaluate the merits of an appeal, and guide you through the complex appellate process.

Feel free to reach out to my office through my website or by phone. Let’s discuss whether an appeal is the right course of action for you.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. It is essential to consult with an attorney to discuss your specific situation and legal options.