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Can you appeal a divorce decree in Texas?

On Behalf of | Jul 5, 2022 | Divorce

Although it’s possible to appeal a divorce decree in Texas, you must have legal grounds to do so. Factual inaccuracies and unfair decisions are valid reasons for you to appeal a divorce decree.

Legal mistakes

It’s possible for the judge to make a legal mistake. You would most likely need to have an attorney review the divorce decree to know if there is anything that conflicts with Texas law.

Hidden assets

If you have discovered that your spouse hid assets from you after receiving your divorce decree, all hope isn’t lost. Texas allows you to appeal the divorce decree over hidden assets. You could hire a forensic accountant to investigate whether your spouse concealed assets or income from you. Ideally, you should consult with a forensic accountant in the early stages of your divorce proceedings to have an accurate view of what your marital property is. You wouldn’t want to go into negotiations or to court with the wrong information.

Hidden information

Likewise, if you have found out that your spouse lied about anything or hid important information that would affect the divorce proceedings, then you may file an appeal. A divorce decree made based on false information isn’t fair. It could even be fraud.

Inadmissible evidence

If inadmissible evidence affected your court case, then you have grounds to appeal the divorce decree. On the other hand, if you had admissible evidence that the court excluded during the court case, you could appeal your divorce decree too.

Request modification

Texas offers the possibility of modification of your divorce decree. This is for situations in which you don’t have grounds to make an appeal. You would, however, need to provide proof of a change in your circumstances when you request a modification of your spousal support, child support or child custody and visitation.

You may have the option of appealing your divorce decree in Texas if it’s inaccurate or unfair. Finding out hidden information and assets after the court case could give you grounds to make an appeal.