You are not always going to get the result you want from an Illinois divorce judge. If the Illinois divorce judge does not rule in your favor, you are entitled to appeal that decision within 30 days of the final order (in most cases).
An appeal is a “complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse. The removal of a cause from a court of inferior to one of superior jurisdiction, for the purpose of obtaining a review and retrial.” Black’s Law Dictionary (10th ed. 2014)
You cannot immediately appeal any ruling by a divorce judge, however. There are specific timing requirements that make an Illinois divorce case appealable. Understanding those timing requirements is essential if you truly wish to appeal your Illinois divorce case.
Final Orders Are Appealable In Illinois
Illinois divorce cases happen in the Circuit Courts. Circuit Court decisions can be reviewed by the Circuit Court District’s Appellate Courts.
“Appeals from final judgments of a Circuit Court are a matter of right to the Appellate Court in the Judicial District in which the Circuit Court is located” Ill. Const. Art. VI. Sec. 6
“Every final judgment of a circuit court in a civil case is appealable as of right.” Ill. Sup. Ct. R. 301
Final judgments are appealable. Before any appeal gets started, the court must first determine if the judgment was final in order to proceed with the appeal.
“The threshold question [before beginning an appeal] is whether the trial court’s order is final and[, thus,] appealable.” Trizzino v. Kline Brothers Co., 435 NE 2d 958 – Ill: Appellate Court, 3rd Dist. 1982
What is a final order in an Illinois divorce?
A final judgment “ascertains and fixes absolutely and finally the rights of the parties in the lawsuit”; it “determines the litigation on the merits so that, if affirmed, the only thing remaining is to proceed with the execution of the judgment.” Flores v. Dugan, 91 Ill. 2d 108, 112 (1982)
The rule is not so absolute. A final order is an order that seems final.
“A reviewing court will look to the substance of an order, rather than its form, to determine if it is final and appealable.” Schuster Equip. Co. v. DESIGN ELEC. SERV., 554 NE 2d 1097 – Ill: Appellate Court, 2nd Dist. 1990
If there anything left to do in the case besides enforce the order…the order is probably not final.
“To be ‘final,’ a judgment or order must terminate the litigation and fix absolutely the parties’ rights, leaving only enforcement of the judgment.” Richter v. Prairie Farms Dairy, Inc., 2016 IL 119518 – Ill: Supreme Court 2016
Even finality is not always final. The requirement of a final order without further work to do is a flexible rule.
“A final decree is not necessarily the last order in a case, for orders sometimes follow the purpose of carrying out the decree.” Bennett v. Wever, 323 Ill. 283, 154 N.E. 105 (1926)
Any appealable judgment or order has to be written, signed and filed in order to be properly appealable.
“[T]he judgment becomes final only when the signed judgment is filed.” Ill. Sup. Ct. R. 272
The purpose of this rule is “to establish a uniform date for determining when judgments are considered entered. Moreover, the courts have interpreted the Rule as meaning that the record date is the controlling date for the entry of all judgments.” People v. Perez, 2014 IL 115927, ¶ 17
These rules for final orders are all well and good when a final judgment of divorce is issued with all matters resolved in the decree…but divorces do not work that way. Divorces resolve a multitude of issues between a married couple, reserve some issues and leave most issues modifiable by the circuit court.
Final Orders And Appealability In An Illinois Divorce
A divorce is started with a Petition For Dissolution Of Marriage. For the most part, a divorce is not appealable until that Petition For Dissolution is finally granted and adjudicated by a Judgment For Dissolution Of Marriage.
Until all the issues in a divorce are resolved the divorce case is not appealable.
“A petition for dissolution advances a single claim; that is, a request for an order dissolving the parties’ marriage. The numerous other issues involved, such as custody, property disposition, and support are merely questions which are ancillary to the cause of action. They do not represent separate, unrelated claims; rather, they are separate issues relating to the same claim…where a dissolution of marriage is granted, a determination as to which party receives custody will necessarily affect how much, if any, support and maintenance are paid. Practically speaking, then, until all of the ancillary issues are resolved, the petition for dissolution is not fully adjudicated.” In re Marriage of Leopando, 449 NE 2d 137 – Ill: Supreme Court 1983
If something in a divorce is not ruled upon, nothing about that divorce can be appealed.
“[A]ny judgment that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties is not enforceable or appealable and is subject to revision at any time before the entry of a judgment adjudicating all the claims, rights, and liabilities of all the parties.” Ill. Sup. Ct. R. 304(a)
A divorce will always seem to be not completely adjudicated. Something will always seem outstanding and therefore render the entire divorce judgment unappealable. In such a case, a party can request a special finding of finality or the court can make such a finding in order to allow the issue to be appealed.
“[O]nly if the trial court has made an express written finding that there is no just reason for delaying either enforcement or appeal or both. Such a finding may be made at the time of the entry of the judgment or thereafter on the court’s own motion or on motion of any party. Ill. Sup. Ct. R. 304(a)
A Rule 304(a) finding is not simply adding the following phrase to any final order. “There is no just reason to delay the enforcement or appeal of this order.” You’re going to have to have the court include why there is no just reason for delay.
“A circuit court’s declaration that an order is ‘final and appealable,’ without reference to the justness of delay, or even reference to immediate appealability, evinces no application of the discretion Rule 304(a) contemplates.” Palmolive Tower Condominiums, LLC v. Simon, 409 Ill. App. 3d 539, 544 (2011)
The lack of proper 304(a) language in the last order will mean that an appellate court will decline your appeal for lack of jurisdiction.
“Rule 304(a) is not unduly burdensome, and simply mentioning appealability while vaguely referencing Rule 304 ‘and other applicable rules’ does not confer appellate jurisdiction.” In re Marriage of Morgan, 2019 IL App (3d) 180560, ¶ 13
Lack of 304(a) specificity is not fatal to every appeal, however. “Case law concerned with requisite Rule 304(a) findings allow for the invocation of the rule if it is clear from the record it was the trial court’s intent.” In re Marriage of Morgan, 2019 IL App (3d) 180560, ¶ 12
Realistically, what trial court is going to happily give an express written finding that allows you to appeal them? When you want to appeal, you will not want to ask permission from the judge with whom you disagree.
For the most part, you’ll have to wait until every pending is ruled upon with finality in order to have your appeal heard.
“Absent [a Rule 304(a) finding], if an order finally resolves one claim against one party, but other claims and/or other parties remain pending, an appeal from the final order must wait until the other matters have been resolved.” State Farm Fire & Casualty Co., 394 Ill. App. 3d at 556.
“[A] notice of appeal cannot be filed before the trial court has disposed of all claims” John G. Phillips Associates v. Brown, 197 Ill. 2d 337, 340 (Ill. 2001) “Put another way, appellate jurisdiction generally exists only to review final orders.” State Farm Fire & Casualty Co., 394 Ill. App. 3d at 556
Again, the only way to get in front of an appellate court without resolving all the outstanding claims is to get the trial court to agree that the matter is appealable.
“[A]n appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying either enforcement or appeal or both” Palmolive Tower Condominiums, LLC v. Simon, 409 Ill. App. 3d 539, 542-43 (2011)
Much of divorce litigation occurs after the divorce is entered. All outstanding litigation must be resolved before you can file an appeal in a post-decree divorce action. “[U]nrelated postdissolution matters constitute separate claims, so that a final order disposing of one of several claims may not be appealed without a Rule 304(a) finding.” In re Marriage of Crecos, 2021 IL 126192, ¶ 45
When Can You Appeal A Custody Or Parenting Time Order In Illinois?
The necessity of finality in order to appeal an Illinois divorce becomes a Sisyphean struggle when children are involved. Nothing is ever final with children. Children keep aging. Children’s best interests change with the times. The responsibility for children doesn’t end until the court no longer has jurisdiction over the children.
Custody orders are an exception to the Illinois requirement for a final order or a special finding in order to be appealed.
“The following judgments and orders are appealable without the finding required for appeals…
A custody or allocation of parental responsibilities judgment or modification of such judgment entered pursuant to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq.) or Illinois Parentage Act of 2015 (750 ILCS 46/101 et seq.).” Ill. Sup. Ct. R. 304(b)(6)
Case law affirms that allocation of parental responsibilities and parenting time are final judgments.
“[A] permanent custody order is a final order, appealable without regard to the pendency of remaining issues in the dissolution proceeding” In re Marriage of Harris, 2015 IL App (2d) 140616, ¶ 16
“Under the IMDMA, an allocation of parental responsibilities judgment is a judgment that allocates ‘both
parenting time and significant decision-making responsibilities with respect to a child.’ ” In re
Marriage of Fatkin, 2019 IL 123602, ¶ 29 (citing 750 ILCS 5/600(b), (d)
Appealing An Illinois Divorce Before A Final Judgment Is Made
Orders before a final entry of a Judgment of Dissolution of Marriage are not appealable.
“Preliminary orders in a pending case are not appealable because they are reviewable on appeal from the final order.” People ex rel. Scott v. Silverstein, 429 NE 2d 483 – Ill: Supreme Court 1981
The preference is always to wait to appeal the final order because a temporary order “terminates when the final judgment is entered or when the petition for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed. 750 ILCS 5/501(d)(3)
A “final order render[s an] appeal [regarding temporary matters] moot” In re Marriage of Eckersall, 28 NE 3d 742 – Ill: Supreme Court 2015
“Temporary orders certainly may not be appealed immediately, on an interlocutory basis, before the entry of a final order. Once the final order is entered it must be assumed that the trial court has thereby adjusted for any inequity in its temporary orders. On appeal we should consider whether the trial court’s final order, its overall resolution of the issues, is erroneous, not whether some part thereof is erroneous” (citations omitted); In re Marriage of King, 336 Ill.App.3d 83, 88, 270 Ill.Dec. 540, 783 N.E.2d 115 (2002)
Sometimes an Illinois divorce judge makes a decision so impactful that it must be appealed even if a final judgment has not been rendered yet.
Appeals of non-final orders are called interlocutory appeals.
Interlocutory means “provisional; temporary; not final. Something intervening between the commencement and the end of a suit which decides some point or matter, but is not a final decision of the whole controversy.” Black’s Law Dictionary (10th ed. 2014)
Some interlocutory appeals are automatically allowed as in the case of appealing an injunction.
“An appeal may be taken to the Appellate Court from an interlocutory order of court:(1) granting, modifying, refusing, dissolving, or refusing to dissolve or modify an injunction;” Ill. Sup. Ct. R. 307(a)(1)
“To determine what constitutes an appealable injunctive order under Rule 307(a)(1) we look to the substance of the action, not its form…Orders of the circuit court which can be properly characterized as ‘ministerial,’ or ‘administrative’ — because they regulate only the procedural details of litigation before the court — cannot be the subject of an interlocutory appeal.” In re a Minor, 127 Ill. 2d 247, 262 (Ill. 1989)” In re a Minor, 127 Ill. 2d 247, 260 (Ill. 1989)
Examples of such ministerial or procedural orders include subpoenas, discovery orders, and orders relating to the court’s control of its docket. Zitella v Mike’s Transportation, LLC, 2018 IL App (2d) 160702, ¶ 14
Interlocutory appeals from issues other than injunctions require permission to file such as parenting orders.
“A party may petition for leave to appeal to the Appellate Court from the following orders of the trial court:
…
from interlocutory orders affecting the care and custody of or the allocation of parental responsibilities for unemancipated minors or the relocation (formerly known as removal) of unemancipated minors, if the appeal of such orders is not otherwise specifically provided for elsewhere in these rules;” Ill. Sup. Ct. R. 306(a)(5)
Appealing Contempt In An Illinois Divorce
If you’ve been held in contempt, things are not going well for you in your case. You may be tempted to appeal that contempt immediately. Sadly, you probably cannot. Contempt orders are in the middle of a case and, therefore, are not final orders.
“[O]nly contempt judgments that impose a penalty are final, appealable orders.” In re Marriage of Gutman, 232
Ill. 2d 145, 152 (2008)
There is an exception that allows you to appeal a contempt finding. If you were penalized by the contempt finding, the appeal will be allowed.
“The following judgments and orders are appealable without the finding required for appeals under paragraph (a) of this rule:…An order finding a person or entity in contempt of court which imposes a monetary or
other penalty” Ill. Sup. Ct. R. 305
The ability to appeal is not triggered until the court has set a purge (the penalty). Most purges, however, are not penalties but rather, the court simply ordering a party to perform what they were previously ordered to do with the possibility of an additional penalty if that party fails to follow the original order and follow-up contempt order. Kampf v. Kampf 2026 IL App (1st) 251002-U citing In re N.N., 2023 IL App (1st) 221544-U
When To Appeal Sanctions In An Illinois Divorce
Contempt’s cousin, sanctions has a different rule. Sanctions are “[a] penalty or coercive measure that results from failure to comply with a law, rule or order.” Black’s Law Dictionary (11th ed. 2019)
Rule 137 requires attorneys and litigants to sign the documents they bring before court verifying that the information contained within is true AND not for the purposes of harassment. “The signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion or other document; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.” Ill. S. Ct. R. 137(a)
Illinois courts are empowered under rule 137 to sanction a litigant or attorney “If a pleading, motion, or other document is signed in violation of…rule [137], [whereby] the court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction” Ill. S. Ct. R. 137(a)
A pending Rule 137 claim must be resolved before any appeal can happen. “A judgment or order is not final and appealable while a Rule 137 claim remains pending unless the court enters a finding pursuant to Rule
304(a)” Ill. S. Ct. R. 303(a)
Clearly, a court’s 137 sanctions, if granted, are going to be illuminating to the appeals court and, therefore, are worth waiting on.
When To Actually File The Appeal In An Illinois Divorce
An appeal doesn’t get filed all at once like a petition for Illinois divorce. Instead, a simple one page notice is filed with the clerk of the circuit court within 30 days.
“The notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from” Ill. Sup. Ct. R. 303(a)
Failure to file a notice of appeal within 30 days waives your right to appeal. “Where a party fails to file a notice of appeal within 30 days of a finding pursuant to Rule 304(a), the judgment becomes final and prevents litigants from challenging that judgment in an appeal from a later order.” Tuna v. Airbus, S.A.S., 2017 IL App (1st) 153645, ¶ 26. “The timely filing of a notice of appeal is both jurisdictional and mandatory.” Secura Insurance Co. v. Illinois Farmers Insurance Co., 232 Ill. 2d 209, 217 (2009)
If you file the notice of appeal too early…it’s okay.
“A notice of appeal filed after the court announces a decision, but before the entry of the judgment or order, is treated as filed on the date of and after the entry of the judgment or order.” Ill. Sup. Ct. R. 303
The next step is to file a docketing statement with the Appellate Court outlining the particulars of the case.
“In the case of an appeal as of right, the appellant shall file the statement within 14 days after filing the notice of appeal” Ill. Sup. Ct. R. 312(a)(1)
The Circuit Clerk prepares the record of the case for Appellate Court.
“The clerk of the trial court or administrative agency shall prepare, and certify the record on appeal.” Ill. Sup. Ct. R. 324
The appellant must review the court record for accuracy.
“It [is a party’s] duty and obligation as appellant to take all necessary steps to ensure that a proper record was prepared.” Lorts v. Illinois Terminal RR, 400 NE 2d 715 – Ill: Appellate Court, 5th Dist. 1980
Upon verifying that the record is complete, the appellant should pay the clerk to send the court record to the Appellate Court.
“Upon payment of the prescribed fee for preparation of the record on appeal, the clerk shall file the record with the reviewing court.” Ill. Sup. Ct. R. 325
The record must be paid for and filed within 63 days of the filing of the Notice Of Appeal.
“[T]he record on appeal shall be filed in the reviewing court within 63 days after the filing of the notice of appeal” Rule 326 – Time for Filing Record on Appeal, Ill. Sup. Ct. R. 326
The real work in an appeal is the preparation of the brief.
A brief is “A written or printed document, prepared by counsel to serve as the basis for an argument upon a cause in an appellate court, and usually filed for the information of the court. It embodies the points of law which the counsel desires to establish, together with the arguments and authorities upon which he rests his contention.” Black’s Law Dictionary (10th ed. 2014)
And finally, briefs need to be filed in an appeal within 35 days of the filing of the record on appeal.
“[T]he brief of the appellant shall be filed in the reviewing court within 35 days from the filing of the record on appeal” Ill. Sup. Ct. R. 343
It will be a very busy two months after the final order is entered. A notice appeal must be filed, followed by the docketing statement, the record must be verified and the briefs must be prepared. If you would like to talk to an experienced Illinois divorce attorney about when you can appeal an Illinois divorce, contact me to schedule a free consultation.
I, Russell Knight, wrote this article (just like I wrote all the other articles) so that I could understand every aspect of a divorce case. Even the parts that I don’t, personally, do like appeals. In my 19+ years as an Illinois licensed attorney, I have set up dozens of divorce cases for appeal or the possibility of appeal.
Frequently Asked Questions About When You Can Appeal An Illinois Divorce
How long do you have to appeal an Illinois divorce? You have 30 days to file a notice of appeal which starts a whole series of other future filing deadlines which are required to have an Illinois appeals court consider your case.
What makes a divorce order “final” and therefore appealable in Illinois? Only final judgments are appealable. Final judgments are orders that require or expect any future orders. However, Illinois family law cases allow for appeals of final parenting orders even though the divorce is not finalized.
What are the deadlines for an Illinois appeal? A notice of appeal must be filed within 30 days of the filing of the final judgment. Ill. Sup. Ct. R. 303(a). A docketing statement must be filed with the Appellate Court within 14 days of the notice of appeal. ll. Sup. Ct. R. 312(a)(1)). The circuit clerk prepares and certifies the record on appeal Ill. Sup. Ct. R. 324, and the record must be paid for and filed with the reviewing court within 63 days of the notice of appea.l Ill. Sup. Ct. R. 325, 326. The appellant’s brief must then be filed within 35 days after the record on appeal is filed. ll. Sup. Ct. R. 343
