How Appeals Work in Illinois Family Law Cases

 Posted on November 09, 2025 in Divorce

When people involved in a divorce or family law case head to court and go through a trial, it is important to understand that a court decision is not necessarily the final word on the matter. Illinois Supreme Court Rules allow people to appeal court decisions, meaning any judgment in a Circuit Court can be appealed to an Appellate Court, and a judge or panel of judges may review the case.

Appeals typically have to be filed with the Circuit Court Clerk within 30 days of a court decision. After 30 days pass, the decision becomes binding, and no appeals will be granted. If you are considering this step, consulting a DuPage County, IL family law appeals lawyer can help you understand your rights and the timeline involved.

What Does Filing an Appeal Mean in Illinois Family Law Cases?

An appeal is a formal request for the Illinois Appellate Court to review the trial court’s ruling. It is important to understand that the appeal does not redo the trial. No new witnesses are called, no new evidence is introduced, and the appellate court does not reconsider the facts from scratch.

Instead, the appellate court reviews the record from the trial court, which includes transcripts, exhibits, motions, and orders. The appellate judges then determine whether the trial court applied the correct legal standards and whether its conclusions were reasonably supported by the evidence.

While the appellate court can consider written arguments and sometimes oral arguments from attorneys, its goal is not to agree or disagree with the outcome personally. Its role is to decide whether the law was correctly followed.

How Long Do You Have To File an Appeal in Illinois?

The appeal timeline is strict. Under Illinois Supreme Court Rule 303, a Notice of Appeal must generally be filed within 30 days of the final judgment. If a person misses this deadline, the trial court’s decision often becomes final, and the opportunity to appeal is lost.

Sometimes, a person first files a post-trial motion asking the judge to reconsider the ruling. Under 735 ILCS 5/2-1203, which dictates the rules for motions in non-jury cases, this motion must also be filed within 30 days. If the court denies that motion, the 30-day appeal clock begins again at the date of denial.

Because timing is critical and late filings are rarely excused, you want to speak with an attorney as soon as possible if you are considering an appeal.

What Are Valid Legal Grounds for an Appeal?

An appeal must be based on more than dissatisfaction with the outcome. A person must show that the court made an error that affected the final judgment. There are two primary grounds:

• Mistake of law: The judge used the wrong legal rule, misinterpreted a statute, or made an incorrect legal ruling.

• Mistake of fact: The judge misunderstood key facts, misinterpreted evidence, or drew conclusions not supported by the record.

Not every mistake leads to a reversed ruling. The error must be significant enough that it likely changed the result of the case.

Can Child Custody or Parenting Time Orders Be Appealed?

Parenting time and decision-making responsibility orders can be appealed. For example, child custody decisions are guided by the best interest factors listed in 750 ILCS 5/602.7. If the trial court failed to consider required factors or relied on information that was not supported by the evidence, this may be grounds for appeal. Keep in mind, appellate courts are careful when reviewing cases involving children because stability is important.

If the trial judge overlooked critical evidence, incorrectly applied the law, or failed to consider all legally required factors, an appeal may be appropriate. The appellate court will review whether the judge had a reasonable basis for the decision when looking at the whole record. If the judge’s reasoning is not supported by the evidence or the law, the ruling may be reversed or sent back for further review.

What Happens After an Appeal Is Filed?

Once the Notice of Appeal is filed, the appeal follows several structured steps:

• The trial court record is prepared, including transcripts, motions, exhibits, and any other documents that were part of the case.

• The appealing party, called the appellant, submits a written brief explaining what error occurred and how the error affected the outcome.

• The other party, called the appellee, files a response brief arguing why the trial court’s ruling should stand.

• In some cases, the appellate court may schedule an oral argument, where attorneys answer questions from the judges. Not every appeal includes this step.

• The appellate judges review the written briefs and the record, then issue a written decision explaining whether they are affirming the ruling, reversing it, or sending it back to the trial court for further proceedings.

This process takes time. Because the appellate court must thoroughly review the record, many appeals take several months to more than a year to resolve.

Possible Results of an Appeal in Illinois Family Courts

Once the appellate court completes its review, several outcomes are possible. It may affirm the trial court’s original ruling, meaning the decision remains unchanged. It may reverse the decision if it determines the court made an incorrect ruling. The appellate court may also remand the case, requiring the trial court to reconsider certain issues or hold additional hearings. In some cases, the appellate court may vacate the decision entirely, clearing the way for a new ruling.

A remand does not guarantee a different outcome. Instead, it requires the trial court to apply the law correctly and consider or evaluate the evidence again as directed by the appellate court.

Contact a Naperville, IL Family Law Attorney Today

If you believe your case was affected by a legal or factual error, you may have grounds to appeal. Contact our DuPage County, IL family law appeals lawyer at Calabrese Associates, P.C. to receive guidance throughout the appellate process. Our attorney has extensive experience in family law and has served the legal community, including former service as chair of the DuPage County Bar Association Family Law Committee. He also presents lectures on family law issues, demonstrating his continued dedication to the field and to supporting clients through complex legal challenges.

Call 630-393-3111 or contact us online to schedule a consultation and begin exploring your appeal options.