My divorce case was tried and I lost on a major issue. My lawyer was discussing the possibility of appeal. Please explain the basics about the time-lines for an appeal?
First, see the Gitlin Law Firm’s Q&A regarding trial of your divorce case.
The first step is often to bring a motion for reconsideration. It may not be necessary to pursue this motion in an appeal. But this issue alone is complex and should be discussed with a lawyer experienced in appeals of divorce cases and knowledgeable about the law. You have 30 days to file the motion for reconsideration. While the motion for reconsideration is pending, the time frame for filing the appeal is stayed. Once the motion for reconsideration is addressed, the notice of appeal must be submitted within 30 days. This filing sets timelines for steps that must be taken to pursue an appeal.
Does the lawyer need to be from the area in Illinois to represent a party to an appeal?
No. This is one of the few areas where obtaining a local lawyer has little or no benefit in pursuing an appeal. This is because an appeal does not require multiple court appearances for the work specific to the appeal. At most there is one court appearance when the appeal is argued and often the appellate court does not grant a request for oral argument and decides the cases based upon the record and the briefs.
What are the standards on appeal? Won’t I have the opportunity to present additional evidence that should have been presented during the trial?
There are several standards. In divorce cases, the standards range from:
- De novo review;
- Manifest weight of the evidence; and
- Abuse of discretion.
Can you briefly explain these standards?
De novo review. A de novo review is a review like a new matter. We apply this standard to pure questions of law and constructions of statutes and agreements. This standard allows no deference to the trial court’s decision. So, an Illinois appellate lawyer would seek issues where this standard may apply to the facts of your case.
Manifest weight. Next, we have the manifest weight standard. It’s often applied to findings of fact made by a trial judge. The reviewing court gives significant deference to the lower court’s factual finding because it is considered to have been in the best position to observe the witnesses’ conduct and demeanor. When the manifest weight standard applies, the issue will be whether the opposite conclusion is apparent or when the findings by the trial court appear unreasonable, arbitrary, or not based on the evidence.
Abuse of discretion. Finally, we have the abuse-of-discretion standard. This is the most frequently applied standard. It provides the greatest deference to the trial court’s decision. In fact, one Illinois Supreme Court opinion described this standard as “next to no review at all.” The Court admonished, however, that the abuse of discretion standard should not result in merely “rubber stamping” the lower court’s decision.
