Types of Appeals in a Divorce Case

appeals in divorce case

Even when it’s over, it’s not over. Couples who divorce have to come to terms on a wide variety of issues: child custody and division of assets are two examples. Although there are many advantages to resolving issues outside of a courtroom, that isn’t always feasible.

There also tends to be a lot of pressure and stress that comes with allowing someone else to decide the outcome of your case. Take a fresh look at your situation to alleviate a small amount of it.

After your divorce is final, things can still be altered. Modifications can be sought at any time. Significant changes in circumstances (change in income, medical conditions, relocation) can affect the original order.

Furthermore, there are instances when you can appeal a decision related to your divorce. Let’s take a look at that.

What An Appeal Is Not

Each state is different. In Texas, an appellate court needs to grant your appeal. Anything that gets decided in a family law court is subject to appeal. If you have grounds to do so (more on that in a moment), you can file an appeal about several matters related to your divorce from child custody to the division of assets.

The reason for your appeal must be limited in scope. For example, you cannot file one because you weren’t happy about the decision. If your spouse was awarded primary custody (known as “conservatorship” in Texas), you can’t appeal simply because you believe you should have primary custody of your children.

Abuse of Discretion

Judges are people. And they are required to make a lot of decisions about how the law applies to your case:

  • Can a person testify?
  • Should a piece of evidence be admitted?
  • Did a comment bias the jury?

A judge is responsible for ensuring that the Texas laws that govern civil procedure and family law are followed. You and your attorney can file an appeal when they are not. When this happens, you have 30 days after the divorce decree was filed with the court to file your notice of appeal.

Want to Appeal Your Divorce Ruling?

You need an attorney who understands the appeal process in addition to family law—and Amsberry Law has significant experience with both. The appeals process in a divorce case begins during your case. The grounds for your appeal have to be on the record, and your attorney should have objected (on record) if the law was not correctly applied to your case.

Attorney Russell Amsberry

Attorney Russell J.G. Amsberry

Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]

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Amsberry Law Firm

The Amsberry Law Firm, founded in 1995, has helped thousands of clients overcome their unique legal challenges.

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