Whether you are appealing a custody decision or a property division ruling, whether the trial court made legal errors or failed to consider critical evidence, whether you are seeking to overturn a judgment or defend against an appeal, there is one common theme among all family law appeals: they arise from dissatisfaction with a court decision that significantly impacts your life and require navigating complex appellate procedures. Under these circumstances, it can be easy to miss strict filing deadlines, fail to identify viable grounds for appeal, or misunderstand the limited scope of appellate review. An appellate lawyer in IL will ensure that your appeal is timely filed, that all procedural requirements are met, and that compelling legal arguments are presented to give you the best chance of a favorable outcome.
At Katherine L. Maloney & Associates, LLC, our appellate attorneys in Plainfield help clients understand what's at stake in family law appeals. Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 815-556-2057 to schedule a Free Consultation.
1. What is an appeal?
An appeal is a request to a higher court to review and potentially reverse or modify a lower court's decision. It's not a new trial but rather a review of whether the trial court made legal errors in its ruling.
2. What types of judgments or orders can be appealed?
Generally, you can only appeal final judgments (those that terminate the litigation between the parties and settle all remaining claims in the lawsuit). Most "interlocutory" or mid-case rulings (such as discovery disputes or motions to strike) cannot be appealed immediately; you must wait until the entire case is over. However, there are specific exceptions allow for the immediate appeal of certain temporary orders, such as those involving injunctions, or contempt orders, and situations where a judge certifies that there is "no just reason to delay" an appeal on a specific portion of the case.
3. Who can file an appeal?
Any party to the case who is negatively affected by the court's decision can file an appeal.
4. What court hears appeals in Illinois?
Most appeals go to the Illinois Appellate Court, which has five districts covering different regions of the state. The Illinois Supreme Court may hear appeals in rare cases involving significant legal issues.
5. What's the difference between an appeal and a modification?
An appeal challenges the legal correctness of a court's decision based on the existing record, while a modification requests changes based on new circumstances that arose after the original order. Modifications are done at the trial court level. Appeals must be filed 30 days after the judgment, while modifications can be filed later when circumstances change.
6. Do I need an attorney for an appeal?
While you can represent yourself, appeals are highly technical and complex, making attorney representation strongly advisable. Appellate practice requires specialized knowledge of procedural rules and legal writing that differs significantly from trial practice.
7. How much does an appeal cost?
Appeals typically cost $10,000-$50,000 or more in attorney fees, plus filing fees and costs for preparing the record. The exact cost depends on the complexity of the case and length of the trial record.
8. How long does an appeal take?
Most appeals take 12-24 months from filing to decision, though complex cases can take longer. The timeline includes time for preparing the record, briefing, oral arguments, and the court's decision.
9. Can I appeal if I agreed to the decision?
Generally, you cannot appeal agreements you voluntarily entered into, such as settlement agreements or agreed orders. However, you may be able to appeal if you can prove fraud, duress, or that the agreement was fundamentally unfair.
10. What are my chances of winning an appeal?
Success rates vary, but trial court decisions are affirmed (upheld) more often than reversed. Appeals succeed most often when clear legal errors are made, not simply when you disagree with the outcome.
