Legal Question in Family Law in Illinois

Re: Appealing a divorce decree

�I have been informed it is possible to retain the home until the youngest child turns 18.� This is somewhat true, but you must convince a court to enter an order to make this happen. There is nothing automatic about the right to stay in the marital home, and to warrant such relief, you would have to plead and prove that it is reasonably necessary for the marital residence to be held this way. Indeed, in most cases, this simply doesn�t happen.

You had your day in court to obtain this relief during the divorce. The decree which orders you to sell the home has adjudicated your rights. You then had thirty days to file for an appeal. Now, to get this relief you must first have the prior judgment set aside.

Re: Appealing a divorce decree

No, it is not a FACT. Although, it can be the case, but it is the Court's decision, not a law. Generally, you have 30 days to file an appeal from a judgment. If it is past that time, it seems like you are out of luck. If there was a big change in your financial situation, you could possibly have it modified to reflect this change but I would suggest you have an attorney review it.