Not everyone feels satisfied with the outcome of their divorce. Sometimes, in the course of a divorce, things happen that seem unfair or downright wrong. It can seem like you weren’t heard or that key factors were ignored by attorneys and the court.
If you were not happy with the outcome of your divorce, it may be possible to appeal. However, it’s important to take action right away. Under Texas law, there is only a small window of time to file. Usually, according to the Texas Rules of Appellate Procedure, a notice of appeal must be filed within 30 days of the final divorce decree.
Divorce appeals are a very focused area of law. Not all attorneys handle them, so taking quick action after a divorce decree helps ensure that you have time to find the right attorney for your appeal.
You’ll also need time for that attorney to put together a legal brief based on the facts of your case. Your lawyer will need to review the documents related to your case so they can look for an abuse of discretion by the trial court.
The legal brief will list out the appellate argument accordingly. Your attorney may also appear before the appellate court and argue the appeal there.
In a divorce appeal, it’s not possible to introduce new evidence or testimony. Instead, the appellate court makes its decision based on what was submitted to the trial court.
The appellate court reviews the trial court’s determination for mistakes. So, your reason for the appeal must be related to the court’s mistake in applying the law—not new facts, or reasonable interpretations of complex factors. It can be a tough standard, and it’s often challenging to win an appeal.
If more than 30 days have passed since your divorce decree or if you have been told that an appeal is not likely to be a successful option for you, you still may have other options to change the outcome of a divorce.
Under Texas law, divorce modification is allowed when both spouses agree to change the terms of the divorce, or when there have been material and substantial changes in circumstances.
Talk with the attorneys at the Schneider Law Firm, P.C. about your divorce concerns. Our Fort Worth law firm represents clients in a wide range of matters related to divorce. Call 817-755-1852 or send us a message to arrange a free initial consultation with one of our lawyers.