Divorce Appeal Attorney in Dallas, TX

Are you unhappy with the outcome of your divorce in Dallas? Sometimes, divorce decisions don’t turn out as expected. If you believe the court made a mistake or unfair judgment in your case, you may be able to appeal its decision.

At Balekian Hayes, PLLC, we understand how overwhelming this can be. Our experienced team can help you appeal your divorce order and work to get a fair result. We’ll guide you through the entire process, from identifying grounds for appeal to presenting your case in court. With our support, you can take steps toward a more favorable outcome. Let our divorce appeal attorneys help you fight for a fair settlement so you can move on with your life.

Can a Divorce Decree Be Changed in Texas?

There are two ways to modify a divorce in Texas. The first way is if one of the parties involved is not satisfied with the final order from the judge overseeing the divorce. Anyone dissatisfied with a divorce decree can file an appeal, provided they act within certain time limits. Winning a divorce appeal requires the party who filed the appeal to demonstrate that a legal error occurred during the original case. For example, the spouse who filed the appeal could argue that the judge overstepped their legal discretion or that the results were demonstrably unfair.

The other way to modify a divorce in Texas is when one party or both spouses experience a significant change in their circumstances. The original divorce order may have worked for both spouses, but things have changed so severely for one or both parties that a modified divorce decree is necessary. It’s up to the courts to determine whether the change warrants a modification to the divorce order. Some situations where the courts may consider adjusting a divorce decree include:

• A significant change in the income or employment status of either spouse
• A substantial increase in the needs of a child, such as medical expenses or educational costs
• One or both spouses remarries
• One parent wants to relocate so far away that it affects visitation or custody arrangements
• Evidence of abuse or neglect affecting child custody
• A change in the health or disability status of either spouse
• Mutual agreement between both spouses to modify the order
• Unforeseen financial obligations or debts that impact child support or alimony payments
• Changes in the child’s preferences or needs as they grow older

Can You Appeal a Divorce in Texas?

Yes, it’s possible to appeal a divorce order as long as the dissatisfied spouse acts within the specified time limits. However, it’s vital to remember that a divorce appeal is different from a modification. A divorce appeal provides a spouse a chance to challenge the divorce settlement shortly after the judge issues their final order. By contrast, a modification is when one or both spouses want to change the divorce order due to a change in life circumstances after the order is in effect. 

To win a divorce appeal in Texas, the appellant spouse (the one appealing the judge’s decision) must prove to a higher court that a legal error occurred during the original trial. This is not easy to prove, as appeals courts are often reluctant to question the original divorce court’s decision-making. Some situations that could lead to a divorce appeal include:

• Procedural Errors: If the lower court didn’t follow proper legal procedures, any errors made during the original case could be grounds for an appeal. This includes errors in filing paperwork, notifications about legal proceedings, or failing to allow both parties to present their case fully.
• Misapplication of Law: A spouse may have cause for an appeal if the judge misinterpreted or misapplied the law during the divorce proceedings. These errors may involve incorrect legal standards or ignoring relevant laws.
• Evidentiary Issues: If the court allowed inadmissible evidence or excluded crucial evidence that could have influenced the outcome, it could be a reason to appeal.
• Judicial Bias: Bias or favoritism toward one party in a divorce case could justify an appeal. Both spouses have the right to fair and impartial judgment in these matters.
• Insufficient Evidence: If the court made its decision based on insufficient or weak evidence, it might be grounds for an appeal.
• Unfair Distribution of Assets: Judges must divide a couple’s assets equitably and properly value those assets. An unfair division of marital property or assets could be grounds for a divorce appeal.
• Incorrect Custody Decisions: Texas law clearly states that judges must make custody decisions based on the child’s best interests. If evidence suggests the court did not follow proper legal guidelines in this regard, that could be cause for an appeal.
• Fraud or Misrepresentation: If one party lied or hid important information during the divorce process, it could lead to an appeal.

Divorce Appeal Process in Texas

Appealing a divorce order in Texas involves several steps and strict deadlines. First, the appellant (the spouse submitting the appeal) must file a notice of appeal with the court that issued the original divorce decree. They must file this notice within 30 days of the final judgment.

Next, the appellant must prepare and submit a brief. This document outlines the legal errors or issues that justify overturning the original order. It’s crucial for the appellant to present a well-organized argument with supporting evidence and legal precedents.

After filing the brief, the appellee (the other party) has the opportunity to respond. They will submit their own brief defending the original decision and countering the appellant’s arguments. Both parties might also present oral arguments before the appellate court.

Finally, the appellate court will review the briefs, the trial record, and any oral arguments. The court may affirm the original decision, reverse it, or send the case back to the lower court for further proceedings.

Chances of Winning a Divorce Appeal in Texas

It’s difficult to win a divorce appeal because higher courts generally defer to the judgment of lower courts. If you are unhappy with the outcome of your divorce case, it’s crucial to act quickly and get help from an aggressive, experienced attorney.

Balekian Hayes, PLLC, has helped many dissatisfied spouses appeal unfair divorce orders. We can file your paperwork within the required deadlines, gather new evidence to support your position, and devise legal strategies to persuade the appeals court that the original court made an error. We’re here to guide you through this complex process and provide the robust legal and emotional support you need. Call us today or reach out online for a consultation.