Fort Worth Appeals Attorney

After dedicating yourself to the legal process, securing a divorce decree that feels unjust can be devastating. If you believe the court’s decision contains legal errors, pursuing an appeal might be your next step—but this path demands precision and urgency. Appeals are complex, time-sensitive matters where every detail counts. Don’t navigate this alone: consult a skilled Fort Worth appeals attorney to protect your rights.

What Can You Appeal in a Texas Divorce Case?

In most family law cases, only final orders—like your divorce decree—are eligible for appeal. Temporary rulings issued during the divorce process, such as interim child custody arrangements or temporary spousal support orders, typically cannot be challenged. If you and your appeals lawyer identify legal missteps in the final judgment, you may appeal issues such as child custody arrangements, particularly if the court misapplied the “best interest of the child” standard. Similarly, child support calculations that deviate from state guidelines due to miscalculations of income, or property division rulings that unfairly distribute marital assets or misclassify separate versus community property, may also be grounds for appeal. Alimony awards that disregard statutory factors like earning capacity or the duration of the marriage could also warrant legal action.

Building a Strong Legal Argument for Your Appeal

Success hinges on proving the trial court made a significant error. Appellate judges generally defer to trial courts, so your appeals attorney must demonstrate one of two key issues.

The first involves abuse of discretion, such as a judge acting unreasonably or ignoring legal standards. For example, a ruling that contradicts established evidence without justification or relies on outdated precedents may qualify.

The second focuses on insufficient evidence. Appellate courts assess whether decisions were based on incomplete or improperly evaluated evidence. They determine if reasonable minds would reach the same conclusion with the evidence presented.

It’s important to note that simply disagreeing with the outcome isn’t enough. Without clear legal error, appeals rarely succeed.

When Else Can You Challenge a Divorce Decree?

Even without trial court errors, appeals may proceed in cases of fraud or new evidence. For instance, if your spouse concealed assets, lied under oath, or tampered with financial disclosures, a Fort Worth appeals attorney can argue fraud undermined the original ruling. Similarly, if critical facts—such as hidden bank accounts or undisclosed income—surface after the trial and couldn’t have been discovered earlier, these may justify reopening the case.

What Happens After Filing an Appeal?

The appellate court reviews written briefs and may allow oral arguments. If successful, the court may remand the case back to the trial court with specific instructions, such as re-evaluating asset division under corrected legal standards. In rare cases, the appellate court may reverse the original ruling entirely.

Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

Navigating Strict Appellate Deadlines

Texas imposes rigid timelines for appeals. You have only 30 days from the final decree to file a Notice of Appeal. Once the trial court transfers the case record to the appellate court, you’ll have another 30 days to submit your appellate brief. Missing these deadlines or making procedural missteps can forfeit your right to appeal entirely. Additionally, appeals focus solely on the trial record—no new evidence or claims can be introduced.

Why Choose a Fort Worth Appeals Attorney from Mims Ballew Hollingsworth?

Time is critical in appeals. Our Fort Worth appeals lawyers combine decades of family law experience with a deep understanding of Texas appellate procedures. We craft focused strategies to identify procedural or substantive errors in your trial record, draft compelling briefs that align with appellate court standards, and advocate fiercely during oral arguments if granted.

Act Now—Your Future Can’t Wait!

Contact us today to discuss your case with a dedicated appeals attorney.

Client Reviews

What our clients are saying about us

Kam J.

3 months ago

Hands down one of the most professional and respected family law firms around. I wouldnt trust any other firm to represent me. I have had the pleasure to be represented by a few attorneys at the firm. They are fast, respectful, and above all trust worthy.

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