Appeals
Certain decisions made by a trial judge may be reviewed by a higher court. In Illinois, trial courts are appealed to the appellate courts, which in turn may be appealed by the Supreme Court. This process applies to all civil cases in Illinois, including divorce, parentage, and the related topics.
If the judge who presided over your case misapplied the law, made a mistake in their ruling, or otherwise abused their discretion, Stern Mendez can help you appeal your case. A successful appeal may result in a change in the trial court’s ruling or otherwise a remand, in which the case is sent back to the trial with specific instructions to correct the alleged error.
What is an appellate case?
Before diving into appellate cases, it’s important to understand the three levels of state courts:
- Circuit Courts: There are 25 judicial circuit courts (also known as trial courts) in Illinois. This is where divorce trials begin.
- Appellate Courts: There are five courts of appeal in Illinois, broken up by district. This is where appellate court judges review circuit court cases to determine if the law was correctly applied. A large majority of appealed divorce cases will end here.
- Supreme Court: There is one supreme court in Illinois. Divorce cases rarely go from appellate court to the supreme court. However, if you and your attorney believe the appellate court misapplied their standard of review, and there’s a legal issue, you can go to the supreme court.
A judge will do his or her best to properly apply the law and use their discretion. However, this uncertainty and nuance can mean that not every trial court outcome is the right outcome.
You may have grounds to appeal your case if:
- You are unhappy with specific outcomes for a legitimate reason, such as the misapplication of the law, an abuse of discretion or other form of judicial overreach, or the failure of the court to properly consider the evidence;
- There is a logical and/or legal reason for the outcome to be deemed incorrect;
- There is a tangible way to correct the outcome.
Typically, entire divorce cases aren’t appealed—only orders or provisions of a judgment go to appellate court. For example, you may be happy with every ruling of your trial case except child custody. In that scenario, you would want to appeal the child custody provisions and not, say, the child support provisions.
How do I appeal my trial case?
In the state of Illinois, a divorce is appealable within 30 days of the final decision being issued.
If the law was misapplied in your divorce case or an unreasonable decision was made, please reach out to our Stern Mendez office today—and we can help you begin the appeal process. Our divorce and family law attorneys will guide you every step of the way.
Will my appellate case be successful?
An appellate case’s outcome is often determined by the standard of review, as well as the skills and knowledge of your attorney. The standard of review varies is the framework in which the appellate reviews the decisions and rulings of the trial court. The appellate court’s standards of review vary depending on the case and issues.
For most issues in a divorce case, abuse of discretion is the standard of review. In a trial court, a judge makes certain discretionary decisions based on evidence, facts, circumstances and testimonies. When the appellate court judges review discretionary decisions, they may overturn a ruling if the trial court judge abused his or her discretion.
The standard of review is complex, but it’s also the foundation for the success of your case. This is why it’s important to hire an attorney with an in-depth knowledge of the law.
How does Stern Mendez support appellate cases?
At Stern Mendez, we welcome the chance to appeal your divorce case—and work toward the resolution you and your family deserve. Our expert attorneys will approach your case with exceptional research, negotiating and communication skills, and a deep understanding of appellate law. And we hope this expertise puts you at ease throughout a challenging, life-changing process.
Contact Our Family Law Firm in Evanston, Chicago, Lake Forest and Oak Brook
If you’re ready to appeal your divorce case, please contact us today. We’ll ensure the right attorney takes your case and swiftly acts to submit your appeal.
Contact us online for a free consultation or give us a call at (847) 868-9584. We can meet you at our offices in Evanston, Chicago, Lake Forest, Oak Brook, or a location that’s convenient for you.
FAQs About Appeals
Should I ask the trial judge to reconsider before I file an appeal?
Often, yes—it’s usually the first step, not a replacement for the appeal. A motion to reconsider asks the same judge to review, modify, or vacate the ruling. It must be filed within 30 days of the judgment.
Filing one on time also pauses your 30-day appeal clock until the judge rules on it. Just know that only the first timely motion does this—a second motion to reconsider won’t buy you more time.
For a fuller walkthrough of the process, see our guide on how do I appeal my divorce. Or talk with us before that first 30 days is up so we can help you choose the right path.
What happens if I miss the 30-day appeal deadline?
In most cases, you lose your right to appeal permanently. Illinois courts treat this deadline as jurisdictional, meaning there’s generally no exception for missing it, even by a few days.
That’s why timing matters so much right after a ruling comes down. If you’re unhappy with a decision, reach out as soon as possible, we can review your options while they’re still available.
Does filing an appeal pause my divorce judgment while it's pending?
Not automatically. Filing a notice of appeal doesn’t stop the trial court’s ruling by itself. You generally need to separately request a stay.
Money-related rulings, like a property equalization payment, can sometimes be paused with a stay and a bond. Custody and parenting time rulings are much harder to pause, since courts prioritize stability for the children involved. Our attorneys can walk you through what’s realistic in your case.
How long does a family law appeal take in Illinois?
Most family law appeals take about one to two years from filing to a final decision. The timeline depends on how long briefing takes, whether the court hears oral argument, and how busy your district is.
Custody and parenting-time appeals move faster. Illinois has a rule requiring these to move on an accelerated schedule, often reaching a decision in around five months. See our guide on preparing for a divorce appeal for what to expect at each stage.
Can I appeal a term I agreed to as part of my settlement?
Generally, no. Appeals are meant to correct errors a judge made, not undo terms you voluntarily agreed to.
If your situation has genuinely changed since your settlement, a modification may be the right tool instead of an appeal. If you believe you were pressured or misled into an agreement, that’s different, talk to us about it. Before you sign anything, our guide on avoiding buyer’s remorse after you settle is worth a read.
