Appealing a Texas Divorce Decree or Judgement
Appeals for Litigants in Divorce
Unfortunately, not all litigants in family law matters receive their desired outcome at the end of their court proceeding. If you are unhappy with the final result in your court proceeding, you have the option to talk to an appeals lawyer and explore an additional review of your case. To do this successfully, you need to have an experienced and knowledgeable family law attorney on your side.
What is an Appeal?
An appeal is a request for a higher court to review a lower court’s decision. In Texas, you generally have a window of 30 days to file an appeal after the trial court signs the judgment, although the deadline can be shorter under certain circumstances. The opposing party then has the option of filing a cross-appeal and has at least 14 days to do so.
Because you only have a short period of time to file an appeal, time is of the essence. If you believe that the judge in your case made an error or exhibited bias in your ruling, speak to your divorce attorney as soon as possible. They can walk you through the process of filing an appeal and the likelihood of success.
It’s important to note that appeals need to meet basic criteria to deliver a cost-benefit advantage and achieve your desired result. If you want to appeal a decision in your case, the first step is to work with an experienced family lawyer who will thoroughly review your case and provide guidance on your opportunities for a favorable outcome.
After hiring your attorney and establishing your grounds for appeal, you can expect the following:
1. You appeal your family law order to a higher court.
2. Your lawyer will file your appeal, along with all records associated with the original judgment.
3. Your lawyer will write up an appellate brief, which summarizes your argument for the appeal.
4. If the opposing party files a brief, your lawyer may also write a responsive brief to address any issues raised by the opposing party.
5. If the appellate court indicates oral arguments will be permitted, your lawyer will make an oral argument before a panel of appellate justices. If the appellate court does not permit oral arguments, the panel of justices will decide the outcome of your case based on the written briefs submitted.
6. After the court considers each party’s positions on the various issues raised in the appeal, an appellate decision will be made.
On average, the appeals process takes anywhere between 7-14 months, but this can vary depending on the circumstances surrounding your appeal.
What Are the Most Common Areas of Appeals in Family Law?
There are a limited number of reasons why a Texas appellate court might grant an appeal of a judgment rendered by a trial court. Appeals are often based on the argument that the trial court abused its discretion. In other words, one of the litigants asserts that the judge acted arbitrarily or unreasonably, or failed to follow the substantive law or procedural rules applicable to their case. Appeals can also be based on the theory that the other party did not provide sufficient evidence to support the trial court’s ruling.
While there are a limited number of legal theories that support the appeal of a final judgment in Texas, there are a number of family law matters that can be appealed, including:
A Goranson Bain Ausley Appellate Lawyer Can Help
Finding an experienced appellate attorney is essential to a favorable outcome. Goranson Bain Ausley appellate family lawyers have handled numerous appeals in appellate courts throughout the state. Our appeals lawyers in Texas provide trustworthy experience and support for clients who want to appeal their family law cases.
At Goranson Bain Ausley, we want our clients to have peace of mind when they step out of the courtroom. If this isn’t the case, our experienced Austin, Dallas, and Plano family law attorneys will work with you to determine whether seeking an appeal is an available and advisable option.