After the dust settles from your divorce and the divorce decree is finalized, you may feel uneasiness as you notice that the decree’s terms don’t feel fair. You might find yourself wondering, “Is there anything I can do? Can I appeal my divorce decree?”
Texas law allows for appealing a divorce decree under certain conditions.
Understanding these conditions is an excellent first step toward peace of mind if you’re considering an appeal.
Conditions for an Appeal
Before filing an appeal of your divorce decree, remember there are limited grounds for appeal. Courts generally prefer to keep divorce decrees final, and even appellate judges give a lot of respect to the original judge’s decisions. That said, you can challenge any part of your divorce decree after the family court judge files the final order. To succeed, you’ll need a strong legal reason showing that the judge:
- Made legal or procedural errors
- Based on their ruling on insufficient or misinterpreted evidence
- Showed clear bias in their decisions
If you have solid grounds for proceeding with an appeal of your divorce decree, you should:
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Consult an Attorney.
You should consult an experienced family law attorney. Your attorney should also be practiced in the appeals process. It also helps if your attorney is local and knows the appellate court judges.
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File a Notice of Appeal.
The Notice of Appeal lets your ex-spouse, the court, and the lawyers know that you plan to appeal. Your lawyer will help you draw up the notice. The deadline to file in Texas is strict and usually short—often 30 days from when the judge signs the divorce decree. After filing, you must also send your ex-spouse a copy of the notice.
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Gather Required Documentation.
Obtain a copy of your trial transcripts and any evidence from your original divorce trial. Also, include any critical pleas, motions, and orders, along with the final judgment.
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Prepare and Submit Appellate Briefs.
Next, you and your ex-spouse must prepare and submit appellate briefs outlining your legal arguments and supporting evidence. Once the briefs are filed, the court will schedule a date for oral arguments or issue a decision.
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Present Oral Arguments.
If you’re given a court date, both sides will present their arguments. The process generally lasts under an hour, after which the judges conclude the hearing and review the case.
The Court can decide in one of four ways: it may affirm the original judgment, modify and affirm the judgment, reverse the judgment, and issue a new decision, or send the case back to the trial court for further action.
Please Call Christman | Daniell for Your Legal Needs Today!
Are you looking for family law services in Tarrant County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
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