Experienced Appellate Representation in Complex Family Law Cases
Illinois Divorce & Family Law Appeals
A trial court's decision can have consequences for your children, finances, business, property, and future for years to come.
But the entry of a final order does not necessarily mean the legal process is over.
Berlin Melzer Law represents clients in Illinois divorce and family law appeals, including appeals involving complex financial issues, property division, business interests, maintenance, child support, parenting matters, relocation, post-decree disputes, and other significant family law rulings.
We also consult with attorneys and clients before and during trial to help identify and preserve issues that may become important on appeal.
Trial advocacy and appellate advocacy are different.
An appeal generally is not an opportunity to simply retry the case. Appellate courts review what occurred in the trial court, the record that was created, the applicable law, the issues properly preserved for review, and the particular standard of review governing each issue.
That makes thoughtful appellate strategy critical.
Considering an Appeal of an Illinois Divorce or Family Law Decision?
You may be considering an appeal because you believe the trial court:
Applied the wrong legal standard;
Misinterpreted Illinois family law;
Made an evidentiary ruling that materially affected the case;
Improperly classified or divided marital or non-marital property;
Made an erroneous ruling concerning maintenance or child support;
Incorrectly determined or imputed income;
Made an improper ruling involving a closely held business or business valuation;
Entered a parenting, parental responsibility, or relocation decision you believe should be reviewed;
Improperly admitted or excluded expert testimony;
Entered an order that was inconsistent with the evidence or applicable law; or
Committed another potentially reversible error during the proceedings.
Whether an issue actually provides a basis for appellate relief requires careful analysis of the order, trial record, applicable standard of review, preservation of the issue, and Illinois appellate law.
Appeals Require Early Attention
If you are considering an appeal, timing matters.
Illinois appellate deadlines can be short. Depending upon the type of order and procedural history of the case, the filing of post-judgment motions can also affect appellate deadlines.
Waiting too long to speak with appellate counsel can jeopardize appellate rights.
If you recently received an unfavorable divorce or family law ruling, obtaining an appellate assessment promptly allows counsel to evaluate the order, procedural history, potential appellate issues, and applicable deadlines.
Family Law Appeals We Handle
Berlin Melzer Law handles and consults regarding appellate issues arising from complex Illinois family law litigation, including:
High-Asset Divorce and Property Division
Appeals may involve substantial marital estates and complicated questions regarding:
Business interests and closely held companies • Business valuation • Marital versus non-marital property • Tracing • Dissipation • Real estate • Retirement assets • Stock options and executive compensation • Investment accounts • Allocation of debt • Valuation dates • Contribution and reimbursement claims
Income, Maintenance and Child Support
Determining income can become particularly complicated when a spouse or parent is self-employed, owns a business, receives bonuses or variable compensation, or controls the timing or characterization of income.
Appellate issues may involve:
Maintenance • Child support • Business-owner income • Imputation of income • Retained earnings • Bonuses • Variable compensation • Modification of support • Termination of maintenance • Enforcement of financial obligations
Parenting, Parental Responsibilities and Relocation
Few decisions are more important to families than those involving children.
Family law appeals may involve:
Allocation of parental responsibilities • Parenting time • Relocation • Restrictions on parenting time • Modification proceedings • Guardians ad Litem • Child representatives • Section 604.10 evaluations • Expert testimony •