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If you have received an unfavorable outcome in a divorce or family law case, an appeal may be your best chance to overturn the decision. Appeals are appropriate when you believe the judge made a significant error that adversely impacted the outcome. To succeed, you need skilled legal counsel who can effectively persuade the appellate court to reverse the trial court ruling.
At Reich, Jumbeck, Stole & Reeb, LLP, our divorce and family law appeals attorneys bring over five decades of combined experience in Northern Illinois. Our full-service legal team has a strong track record of success in preparing and arguing cases before the Third District Appellate Court in Ottawa, Illinois. We work closely with our clients to provide the high-quality representation needed on appeal. Additionally, many attorneys in the area refer appellate cases to us, recognizing our expertise and experience in handling these complex matters.
How Appeals Work
There are several areas of a family or divorce case where a judge may have made an error and an appeal may be warranted. These include:
- Equitable property division;
- Enforceability of prenuptial and postnuptial agreements;
- Child custody orders (or allocation of parental responsibility agreements);
- Parentage and paternity decisions;
- Alimony/maintenance and child support agreements (including college contributions); and
- Post-decree modifications.
Bringing a case in front of an appellate court requires understanding an entirely different set of rules and procedures than those that are applicable at the lower court level. In an appeal, the case is not retried. In other words, no new evidence can be presented and no new witnesses are called to testify. Instead, the appellate court reviews the trial records from the lower court and examines how the law was applied by the trial judge. To obtain a favorable decision, it generally must be shown that the trial judge made an error in applying the law or facts that are serious enough to change the outcome of the case. Examples include a miscalculation of alimony or child support obligations, incorrectly characterizing certain property as marital assets, incorrect marital asset valuations, and many others.