Divorce Appeal

[Nirelan]

What is the name of your state (only U.S. law)? IL.

Could someone please help clarify how a divorce is appealed? As I understand it now, I have to file a motion to appeal with the court that heard our case and I, then, have the right to file it in the appeals court if I do not recieve a new hearing. Am I correct?
Thanks guys,
Nick

 

[Ohiogal]

What is the name of your state (only U.S. law)? IL.

Could someone please help clarify how a divorce is appealed? As I understand it now, I have to file a motion to appeal with the court that heard our case and I, then, have the right to file it in the appeals court if I do not recieve a new hearing. Am I correct?
Thanks guys,
Nick

You need an attorney. You need to read the local rules, the rules of civil procedure, the rules of the Appeals Court in your area, the rules of evidence and the statutes. We are not going to do that for you.

 

[Nirelan]

You need an attorney. You need to read the local rules, the rules of civil procedure, the rules of the Appeals Court in your area, the rules of evidence and the statutes. We are not going to do that for you.

Thats fair, Ive been reading the rules, but I want to make sure I understand them. Ive spoken to an attorney about sending it to the appeals court, but I do not want to spend the time and money if I can just file it in the same court.

So if you could just answer one question, am I able to file the appeal in same court?

 

[Ronin]

Aside from your own feelings of right and wrong and fairness, you need an attorney to advise you on whether or not you have any legal grounds for an appeal or if you are just spinning your wheels. Divorce cases are extremely difficult win on appeal unless it is pretty darn clear the judge violated rules of procedure or ignored/misinterpeted the law. Even then it is far from guaranteed an appeal can be won.

The clock to file a notice of appeal in a divorce case usually starts ticking the day the final decree is signed. If this deadline is missed, game over.

During the short post judgment plenary period one may file a motion to reconsider or motion for new trial, as applicable. However, unless there are relevant new facts that could not have been shown earlier, most judges won’t change their minds on a ruling they just made. On the other hand, if the judge sees reversible error or any valid grounds for an appeal, he/she just might reconsider and modify the judgment.