If you have recently had a ruling made by a trial judge for your divorce. In most cases, both parties agree that this is the final outcome and move on. However, if you believe that there was an error in the ruling, you may want to consider your options for filing an appeal against the rulings.
It is important that you understand a few important things about the divorce appeals process before deciding if it is the correct decision for you to make. Below is a list of common questions about the divorce appeals process. In addition to reviewing these questions, be sure to discuss your possible appeal with a Schaumburg Illinois divorce lawyer to ensure that you are making the correct decision.
How Long Do I Have To File an Appeal?
Depending on the ruling made in the lower court, you may have anywhere between one week and one month to file an appeal. Be aware of your time restrictions, and act quickly with your attorney to decide if you will move forward with the appeal or not.
If you miss the deadline, you will likely be barred from making an appeal, although there are some cases you could request a late filing. There is no guarantee that your request will be granted, though, and must be shown that there is a very good reason that it was not made on time.
How Much Will My Divorce Appeal Cost?
There is no set answer to this question, but you should know that your divorce appeal process can be costly. Work with your attorney to come up with an overview of the potential costs before making the final decision to file. In some cases, the appeal could take longer and cost more than the initial divorce process itself, so it is important you understand what you are getting into before beginning.
How Long Will My Appeal Take?
Much like the question of what your appeal will cost, there is no clear answer to the length of time your appeal will take. Depending on the records and information that needs to be brought forth, including court briefs, possible recordings, affidavits, and anything else relevant to the appeals process, there will be a considerable wait time to receive the required documents.
Once you are able to submit your entire appeal, your decision will likely be made within 90 days. If your case is more complex, it could take longer.
What Happens After Winning a Divorce Appeal?
Winning your appeal means that you will be sent back to the divorce court your original ruling was made at. This means that after the appeals process, you are likely to have a new divorce trial that you will need to go through. Again, the possible outcomes and goals of your appeal are extremely important to discuss with your lawyer before making the decision to file.
What Happens After Losing a Divorce Appeal?
After a ruling is made on your appeal, it is highly unlikely that you will be able to contest the decision a second time. In very specific cases that relate to constitutional issues, you may be able to escalate to a higher court, but this is something that you and your attorney will need to discuss. Otherwise, you must accept the ruling and understand that your divorce is now final.
Filing for an appeal can be a complicated matter, so be sure that you work with someone who understands divorce law in Schaumburg. Illinois. Be sure to discuss all possible outcomes before deciding to file for your appeal, and understand the consequences of each.
