I’d have to ask in what context does the spouse not think the property division is fair? If the question is if the person doesn’t think it’s fair at the settlement stage or whether the parties are still in negotiation before the divorce has been finalized, then the party can instruct his or her lawyer that he or she doesn’t think it’s fair. The party can ask his or her lawyer to simply go to a hearing and have the judge decide what is a fair division or not. If you’re approaching this question from the sense that the judge was already decided and the judge has determined what the judge perceives to be a fair distribution of assets, and the client still does not think it’s a fair distribution of assets, then in that sense you’d have to appeal the judge’s ruling.
Sean Sullivan is a family lawyer practicing in the Elmhurst, Illinois area at the law offices of Laura M Urbik Kern, specializing in child custody and dissolution in divorce.