Can I Appeal My Divorce Order?

 Posted on April 29, 2025 in Divorce

A finalized divorce decree can have long-term consequences for both spouses, especially when dealing with asset division, parenting time, and support obligations. But what if the outcome of your case feels unfair or was based on a serious error? In Illinois, a divorce order may be appealed under certain conditions, but the process is not automatic and not every decision can be reversed.

Understanding when and how to file an appeal is essential before taking action. Our experienced Illinois divorce attorney can help determine whether an appeal is appropriate and guide you through the process.

What Are the Grounds for Appealing a Divorce Order?

An appeal is not a second chance to argue your case or revisit facts simply because you are dissatisfied with the outcome. Instead, the appellate Court will review the original trial for legal or procedural errors that may have impacted the decision.

Common grounds for appeal include:

• The Judge misapplied the law or overlooked a key legal standard

• Important evidence was excluded or improperly admitted

• The Judge showed clear bias or failed to recuse himself or herself when required

• One party committed fraud or concealed assets during litigation

Appeals must be based on the official record of the trial — not new information. If your situation has changed since the final order, a post-decree motion or modification request may be a better path.

How Does the Divorce Appeals Process Work?

To appeal a divorce order in Illinois, you must file a notice of appeal within 30 days of the final judgment. Your attorney will then prepare a written argument — called a brief — that explains the legal errors in your case and how they affected the outcome. The opposing party may submit a response. In most cases, the appellate Court decides the case based on these written briefs and the trial record. Oral arguments are sometimes permitted but not guaranteed.

If the appellate Court agrees that an error occurred, it may reverse part or all of the divorce judgment or send the case back to the trial Court for further proceedings. If the appeal is denied, the original order remains in place.

Is Appealing Your Divorce Decree Always the Right Option?

Not necessarily. Appeals are time-consuming and can often be expensive. They also come with strict rules and deadlines. A successful appeal requires a solid legal foundation — not just disagreement with the Judge’s ruling. If you are considering an appeal, it is very important to act quickly. Delays can result in the loss of your right to challenge the decision.

Contact an Inverness, IL Divorce Attorney

If you believe your divorce order was issued in error, speak with a Barrington, IL divorce lawyer at The Law Office of Nicholas W. Richardson, P.C. by calling 847.873.6741 to request a free consultation. We can review your case and help you determine whether an appeal is possible — and whether it is worth pursuing.