When you spend significant time and money litigating a divorce, you understandably may feel disappointed when the family court decides various issues in a manner that you believe favors your ex. Can you appeal a divorce decree issued by a Texas court? Before appealing a divorce decree, remember that an appeal does not mean you get to relitigate your case or have another court evaluate the merits of your claims. Instead, an appeal requires you to prove that the family court made a legal error or abuse of discretion that affected the case’s outcome to your detriment.
Aspects of a Divorce Judgment You Might Appeal
In a divorce decree, a family court can resolve various disputes between spouses during divorce proceedings. You may appeal various aspects of the divorce decree that resulted from the family court’s procedural or legal errors or abuse of discretion. Common aspects of a divorce decree that a spouse might challenge on appeal include:
- Property division, including division of marital assets and liabilities
- Spousal support or alimony amounts or duration
- Child custody, including determination of sole or joint legal custody, designation of parent of primary residence, and balance of parenting time
- Child support obligation amounts
Do You Have Grounds for an Appeal?
An appeal does not mean you get to reargue your case to an appeals court. Instead, a successful appeal requires you to convince the appeals court that the family court committed a procedural or legal error or abused its discretion in issuing a decision during your divorce case and that the family court’s error or abuse of discretion prejudiced you or resulted in an adverse decision. A court may abuse its discretion in ruling on an issue when it acts arbitrarily or issues a decision unsupported by evidence. Furthermore, you cannot appeal the family court’s decision just because you disagree with the decision or view the evidence differently than the family court. Your appeal must identify a specific error by the family court and explain how it affected the divorce decree.
In addition, Texas law typically does not allow you to appeal a non-final order or judgment, also called an interlocutory order. Although a party may appeal specific interlocutory orders as of right or seek appellate review of an interlocutory order that affects substantive rights, you typically must wait until the family court enters a divorce decree to file an appeal to review the entire divorce proceedings.
What Do You Need to Present for a Successful Appeal?
In most cases, you cannot present new evidence in an appeal. The appeals court will review the record from the family court; appeals courts also usually defer to the family court’s determinations regarding witness credibility. A successful appeal will highlight various errors or abuses of discretion by the family court, such as:
- Applying the wrong legal standard or misapplying the facts of the case to the law
- Issuing a decision unsupported by sufficient competent evidence
- Misinterpreting a pre- or postnuptial agreement or marital settlement agreement
- Admitting irrelevant or unduly prejudicial evidence or evidence otherwise inadmissible under the rules of evidence
- Denying you due process, such as by improperly excluding your witnesses, improperly limiting your arguments or witness examination, or not affording you reasonable time to prepare or present your case
- Committing an error in resolving discovery disputes
- Exhibiting bias toward a party
- Deciding an issue before hearing evidence and arguments
- Issuing a decree or ruling without making adequate findings of fact or conclusions of law
Deadlines for Appealing a Divorce Decree in Texas
Under the Texas Rules of Appellate Procedure, you typically have 30 days after the family court signs the divorce decree to file a notice of appeal with the appellate court. However, this deadline extends to 90 days if your ex files a timely:
- Motion for a new trial
- Motion to modify the divorce decree
- Motion to reinstate
- Request for findings of fact or conclusions of law
When your ex files a timely notice of appeal, you have until the expiration of the applicable appeal deadline or 14 days after your ex’s notice of appeal, whichever occurs later, to file a notice of cross-appeal. Failing to follow these deadlines may result in losing your right to appeal your divorce decree.
What to Expect During an Appeal
You or your ex can appeal a divorce decree by filing a timely notice of appeal that identifies the specific error(s) you want the appeals court to review. After filing a notice of appeal, you must provide the appeals court with a copy of the record of the family court proceedings, including the docket with the documents filed with the family court and a court reporter transcript of what the parties and family court said during court hearings. You must also file an appellate brief that argues how the family court erred, with supporting statutes and case law. In some cases, the appeals court will schedule an oral argument for the parties to argue in person before the court. After receiving the parties’ briefs and hearing oral arguments, the appeals court will take several months to decide.
What Happens If the Appeals Court Rules in Your Favor?
Should the appeals court rule in your favor and find that the family court has committed one or more errors during your divorce proceedings, the appeals court may order various kinds of relief from the family court’s error. First, the appeals court can reverse or vacate the divorce decree and other orders during the proceedings and remand (return) the case to the family court for further proceedings, such as a new hearing or trial. Alternatively, the appeals court may modify the family court’s judgment to correct an error or remand the case with instructions for the family court to issue a specific judgment.
Contact a Dedicated Family Law Attorney Today to Discuss Your Appellate Options
When the judge rules against you in your divorce, you may have grounds to appeal procedural or legal errors during the divorce proceedings. If you feel wronged by the decision, hire an Austin family law appeals lawyer from our law firm. Contact Smith & Bledsoe Family Law today through (512) 277-3166 or with our online form for a free case evaluation to discuss your legal options for challenging an adverse divorce ruling in Texas. Check out the legal team and our success stories to gain the confidence to trust us with your case.
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