A daunting and emotionally taxing process, divorce is a significant milestone involving challenging decisions and negotiations that substantially impact a person’s current and future circumstances. When a court issues a divorce decree, and one or both parties are unhappy with the outcome, appealing is an option. If successful, an appeal can lead to a change in the divorce terms, but appealing brings with it financial consequences, and overturning the decree is not a certainty. Learn the financial implications of divorce appeals, as well as how a knowledgeable Chicago family law attorney can aid individuals considering or undergoing a divorce. Contact the experienced and dedicated Chicago family law attorneys at Johnson O’Keefe today at (312) 319-4444 to book a confidential consultation.
Understanding Divorce Appeals
Following the issue of a divorce decree, any dissatisfied parties can choose to pursue an appeal with a court of appeals, where a panel of judges different from the original one who made the ruling reviews the case. Worth noting is that an appeal is not another trial, and during the appeals process, the parties involved must continue to comply with the terms of the original divorce decree until the appellate court makes a ruling. That said, if a court of appeals rules in favor of an appellant, this could result in either changing some or every element of the orders issued by the trial judge, or it may allow the parties to pursue a new divorce trial.
Who Can Appeal Divorce Decrees?
Appellants cannot base their arguments for seeking an appeal on their dislike of the trial judge’s decisions; instead, they have to argue that the trial judge acted unreasonably or arbitrarily or made an error when applying the law to the facts of their case and that this error substantially impacted the case’s outcome. For instance, some potentially valid grounds for pursuing a divorce appeal include a spouse hiding assets or information that could influence the court’s decision, the divorce court incorrectly deeming evidence inadmissible, or vice versa, a spouse or their attorney acting fraudulently, or the discovery of new facts following the trial that were not possible to find beforehand.
Importantly, a court of appeals automatically presumes that the original judge made a correct ruling, so it is the appellant’s responsibility to demonstrate otherwise. In addition, new evidence is typically not permitted in a divorce appeal, and appellants can rarely appeal the terms of a divorce settlement unless serious concerns regarding the settlement’s enforceability and how the parties reached the agreement exist.
How Does the Appeal Process Work?
State rules dictate the length of time in which appellants must file for an appeal. For instance, in Illinois, appellants have 30 days from the date of the original ruling to appeal with an appropriate court of appeals (per the Illinois Courts, there are five appellate court districts, covering specific areas of the state), giving appellants only a short period to develop legal arguments and write an appellate brief. This brief applies relevant statutes and case law to the case’s facts and includes supporting documentation, like trial transcripts, and the issue on appeal highlighting the grounds for challenging the original judge’s decision. After receiving this documentation, the appellant court may permit brief oral arguments from both sides, typically much shorter than those presented at trial, and the appellate judges may ask some questions to gain additional insight.
Appellate courts usually provide their ruling within a few months, and if an Illinois-based appellant is unhappy with this decision, they can ask the Supreme Court of Illinois to review the case. Acquire a more comprehensive understanding of divorce appeals, and the financial implications of pursuing them, and learn how a seasoned Illinois family law attorney can help by contacting Johnson O’Keefe today to schedule a consultation.
What Are the Alternatives to Seeking an Appeal?
The alternatives to pursuing a divorce appeal are seeking a modification or filing a motion for reconsideration. A modification aims to modify a divorce decree’s terms; pursuing a modification is usually more efficient and less expensive than an appeal and involves filing with the trial court.
The parties seeking a modification can do this at any point following the issuing of a divorce decree provided they can demonstrate a substantial change in the parties’ circumstances. Alternatively, the parties could ask the original trial judge to review their decision, based on the judge making a legal error, via a motion for reconsideration.
What Are the Financial Implications of Appealing a Divorce?
Appealing a divorce inevitably leads to additional expenses, such as the court costs of filing an appeal and attorney fees; a divorce attorney spends more time crafting legal arguments and writing an appellate brief, as well as potentially presenting oral arguments to appellate judges, which increases billable hours. Depending on the appellant’s attorney and their experience, pursuing an appeal might involve seeking the services of a new attorney specializing in appeals; in this scenario, the process of preparing for an appeal might be even longer since the new attorney is not familiar with the case, leading to increased costs.
Ultimately, deciding whether to pursue an appeal is a careful balancing act between the financial considerations and the potential for more favorable terms, such as those related to property division, spousal support, and child support. In many cases, filing an appeal is necessary in order to attempt to achieve the goals of one party. Below are additional examples of the financial implications linked to appealing a divorce:
-
- Additional appeal costs: Appellants may incur costs when obtaining trial transcripts and other divorce documentation, such as evidence, briefs, motions, and pleadings, which can vary in size depending on the original trial’s length and complexity. Furthermore, if the appeal is unsuccessful, the appellant may have to pay their former spouse’s legal expenses.
-
- Tax and benefit implications: Obtaining more advantageous divorce terms may lead to an appellant obtaining immediate relief, but this could bring with it increased taxes and losing eligibility for certain benefits.
-
- Expenses of a new trial: A successful appeal could lead to a new trial, which leads to additional expenses in terms of attorney fees and court costs.
-
- Continued support: During an appeal, an appellant might still have to continue making support payments stipulated in the original divorce decree.
Again, these additional costs may be considered as an investment into a permanent outcome more favorable to one party – this may be worth it considering that oftentimes time with children or significant financial considerations are at stake.
Schedule a Consultation With an Illinois Family Law Attorney Today
Appealing a divorce is a convoluted legal process requiring knowledge of legal protocols and terminology, alongside a convincing presentation of arguments to the appellate court demonstrating that the judge in the original ruling made an error. Individuals considering challenging their divorce decrees may want to consider reaching out to an experienced Chicago family law attorney to help them navigate divorce-related legal issues. To continue the discussion of divorce appeals and the financial consequences of seeking them, speak to our experienced legal team at Johnson O’Keefe today by calling (312) 319-4444.