Can I Appeal a Judgment on Asset Division in an Illinois Divorce?

 Posted on May 28,2024 in Division of Property

In Illinois, assets that are gained by either spouse during a marriage are considered marital property. When a couple gets divorced, both spouses are entitled to a share of the marital property, with some exceptions. During the divorce process, a court will review the marital assets and divide them between the parties. This procedure is called asset division or property division. Once the divorce decree is finalized, asset division is permanent.

But what can you do if you feel the court made an error when dividing the assets? Consulting with a qualified divorce attorney would be the best course of action. Here is some information about appealing a court’s judgment on asset division.

Can I Appeal a Court Judgement on Asset Division?

You can appeal a court’s decision on asset division just like you can appeal any other court judgment. If you feel the judge made the wrong call, you can ask another court to review the decision. However, appealing on the basis of “fairness” might not get you the result you want. There are valid grounds for appealing a court decision, including:

• A piece of evidence was missed or ignored

• A witness or party was coerced

• There is newly discovered evidence

• One of the parties or the court has been defrauded, like if one spouse hides assets from the other spouse

• There has been an error of law or fact, like if the judge misapplied a law

Before you jump into an appeal, check with a competent divorce attorney whether you have valid grounds. 

How Do I Appeal a Judgment on Asset Division?

There is a certain process for appealing a court decision. You need to file a Notice of Appeal within 30 days of the court’s judgment. The court that reviews your appeal, called an appellate court, will examine court records of the original proceedings. Then the appellate court will either uphold the original decision, reverse it, or send it back to the court with a request that the judge reconsider certain elements of the case.

How Will an Appeal Affect the Divorce?

Your appeal will only affect the issue in question, which in this case is asset division. Even if the appellate court reverses the original court’s decision, it will not affect other issues in the divorce such as child custody, child support, or spousal support. 

Contact a Kane County, IL Asset Division Lawyer

Appealing a court decision can be a costly and arduous process. It may be worth it if you can reverse the original court’s decision, but if you do not have valid grounds, it can be a fool’s errand. Having an experienced St. Charles, Illinois asset division attorney guiding you, however, can be the difference between a successful appeal or a waste of time and money.

If you feel you might have grounds for an appeal, bring your case to Goostree Law Group. We have extensive experience in asset division and appeals, and our attorneys will aggressively fight to get you the best result possible. Call 630-584-4800 for a free consultation and start building your case today.