When you are unhappy with the outcome of your divorce judgment, a Frisco divorce appeals lawyer could help you challenge it in court. To appeal a family court judgment, you must demonstrate either the ruling overlooks material law and facts or the judge abused their discretion.
A successful divorce appeal requires knowledge of appellate procedure and a significant amount of research and writing. Appellate courts have different rules and procedures than trial courts, so it is crucial to secure representation from a knowledgeable divorce attorney who believes in practicing law the right way and defending your rights and interests against an adverse family court decision.
There are various orders and judgments someone may want to appeal in family court, but no matter what the issue is on appeal, the aggrieved party must prove the trial judge abused their discretion, which has a high burden of proof.
Property is divided based on equitable distribution, which considers a variety of factors to split a couple’s assets and other property acquired during the marriage. When the judge abused their discretion in dividing a couple’s marital estate, there may be grounds for an appeal. This type of challenge to a divorce judgment is fact-intensive and requires demonstrating the judge overlooked relevant factors in their analysis.
Many couples enter into prenuptial or postnuptial agreements to spell out the terms of their divorce, but it is not uncommon for one party to challenge the validity of the agreement. Grounds for appealing a prenup or postnup include duress or coercion. A party can set aside the agreement when there are illegal provisions or their spouse failed to disclose a certain asset.
When deciding child custody in a divorce proceeding, the judge’s main consideration is the best interest of the child. Sometimes, there is a reason to challenge the court’s determination, such as a parent wanting to appeal the judge’s decision to award sole custody.
Although less common on appeal, issues with child or spousal support do arise in divorce cases. Child support is based on a state-ordered calculation, but when the judge overlooks relevant facts or law in awarding support, it can be challenged on appeal. Likewise, when the judge denies or awards spousal support, and one party believes this was in error, the decision can be appealed.
While it is uncommon for a case to be overturned on appeal, it is possible to show legal errors like evidence being improperly admitted to the case or exclusion of valid evidence. A divorce appeals lawyer in Frisco could determine whether an unusual interpretation of the law that conflicts with precedent is grounds for an appeal.
A Notice of Appeal listing all the issues being challenged must be filed with the Texas Court of Appeals within 30 days of the final judgment of the family court to start the appeals process. Appeals are limited to whether the judge correctly interpreted and applied the law to the facts of a case. After the Notice of Appeal is filed, a Frisco divorce appeals lawyer could prepare a brief explaining why the appeal is being filed and include with it a trial transcript, pleadings, evidence, and other documentation. Once a divorce appeal is filed, the appellate court will look for critical errors or an abuse of discretion.
When you are impacted by an unfair ruling in family court, it is important to consult an experienced Frisco divorce appeals lawyer. Our attorneys could review your case to determine if there is an argument to appeal the judgment.
Although the bar for overturning a family court judge’s decision is high, it is possible. To discuss grounds for an appeal, contact our office for a confidential consultation.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
