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Appealing a Divorce Decree or Judgment

Dallas Lawyers Skilled in Family Law Matters

If you are not happy with the outcome of your divorce decree or judgment, there may be a basis to file an appeal. There is only a narrow window of time within which to appeal, so you need to consider whether you are satisfied with the judgment right away. Divorce decrees are complex, and in order to appeal them, we will need to take several steps. At the McClure Law Group, our Dallas divorce attorneys have experience appealing a divorce decree or judgment. We use the same dedicated approach in the process of appeals as we do in an initial case, aiming always to protect our clients' interests.

Appealing a Divorce Decree or Judgment in Texas

Usually, a notice of appeal must be filed within 30 days after the date of entry of a divorce decree or judgment. The notice of appeal will advise the trial court that an appeal will be filed. The person who is appealing the decree or judgment is known as the appellant. When appealing, it will be necessary to prepare a brief explaining why the appeal is being filed and attaching a trial transcript, as well as evidence, pleadings, and other documents. Appeals are time-consuming, so it is important to make sure that there is an adequate basis to appeal and then craft persuasive arguments to explain a client's position to the court.

There are limited grounds on which to appeal because in general the law favors the finality of judgments. In most family law cases in Texas, the appellate court will review the issues for an abuse of discretion. Courts are considered to have abused their discretion when they act unreasonably or arbitrarily, or without referring to the appropriate rules or principles.

The appellate court will not find an abuse of discretion when there is substantial proof to support the trial court's decision. In most cases, an appellate court will decide whether a trial court abused its discretion by considering whether the trial court had enough evidence upon which to exercise its discretion and whether the trial court made a mistake in applying its discretion. Whether there was enough evidence hinges on whether the evidence would have allowed reasonable and fair-minded individuals to get to the verdict under review.

The appellate court will review written briefs and may hear arguments. The appellate judges will not consider new evidence or testimony, but they will make their decision based on what was submitted at the trial court level. They may reverse the lower court or send the case back to the lower court for a new trial that incorporates their clarifications and directives.

Discuss Your Situation with a Divorce Attorney in the Dallas Area

Sometimes appeals may be necessary. Our law firm is committed to helping our clients achieve their objectives, and we have the experience and skills needed for appealing a divorce decree or judgment. The Dallas lawyers at the McClure Law Group can advise you and represent you as appropriate. Call us at 214.692.8200 or contact us via our online form to set up an appointment if you need a divorce or child custody attorney, or guidance in another family law matter.

Client Reviews
"McClure Law Group was very professional and responsive. They listened to my concerns and desires as it pertains to the service requested and I'm very pleased." Jade Nguyen
"Kelly and her team are always a pleasure to work with, and their work product always exceeds one’s expectations." George Tamke
"When I most needed professional, good quality responses McClure Law Group was there. Thank you for the service that I have received from everyone!" Norma Charles
"McClure Law Group’s team is very responsive! I have very much appreciated their communication. They are always on top of what is happening and return my calls or emails quickly." Brie Cherry
"Kelly McClure has been representing me for the past several years and has been an amazing advocate, confidant and sounding board. She is always available by phone, even when she is on vacation. She has answered my questions on weekends and always given me an honest opinion. I highly recommend this group to anyone." Heather Bell
"The McClure Law Group helped me through a very difficult divorce and they definitely had my back every step of the way. I couldn’t recommend the team enough!" Shell A.
"I could not be happier to have had McClure Law. I truly appreciate their accessibility and patience. I can tell they are very knowledgeable, and I trust their guidance. I am SO thankful I went with great lawyers to handle my family case." Victor Lollar
"Kelly is detailed oriented and she truly cares about her clients. Her knowledge of the laws and her ability to get a case resolved make her stand far above others. I highly recommend McClure for your family law needs!" Peter Morgan