When you disagree with the court’s decision in your divorce case, you may want to file an appeal. How much does a divorce appeal cost in Texas? Perhaps more importantly, is it worth the money? What are your chances of winning a divorce appeal?
Can You Appeal a Divorce Ruling?
Can you appeal a divorce ruling? Yes, but Texas law requires you to file your appeal within 30 days of signing the divorce judgment or decree. This isn’t a lot of time, so you must decide whether to file an appeal as quickly as possible.
You can appeal a divorce in Texas if you believe the judge incorrectly interpreted the law. Every time your lawyer objected to something during the divorce, that objection is a potential opportunity for an appeal. Your appeal is a request for a higher court to review the judge’s decision and check whether it was in error. If you have grounds for an appeal, talk to a San Antonio divorce attorney as soon as possible.
How Much Does a Divorce Appeal Cost?
How much does it cost to appeal a divorce? That depends on a lot of factors, including:
- Your attorney’s fee structure, including whether you are paying a retainer, an hourly rate, or a flat fee for your attorney’s services.
- Your attorney’s experience with divorce appeals. Experienced appellate attorneys cost more because their experience gives them an advantage in court.
- The length of the appeal. If you pay by the hour, you will pay more the longer the case takes and the more billable hours your lawyer needs to resolve it.
- Court costs, including filing fees and the cost of transcripts and other court records.
- The number and complexity of documents needed for your appeal.
One of the most significant factors in the cost of your divorce appeal is how complex your divorce is. If your case involves child custody issues, alimony payments, or a lot of assets, then it will be much more complicated than a simple divorce between two childless people who own little between them. A highly experienced and skilled appellate lawyer is even more advantageous in a complex, high-value divorce case.
If there is a lot of money at stake in your divorce, and if you are convinced that the judge in your case made a legal error, then it may be worth it to you to pursue an appeal. You may also want to pursue an appeal in a case where child custody is at stake.
Winning a divorce appeal means convincing a court that there was some error in the previous judgment. That’s challenging, so you need an attorney with considerable skills and experience to help you with the process. This is most likely to be worth your time and money in a divorce case where something significant to you is on the line, such as child custody or substantial assets.
What Are Your Chances of Winning an Appeal?
Your chances of winning a divorce appeal in Texas depend on the specifics of your case. You can’t introduce any evidence or any legal issues that weren’t introduced at trial. Essentially, you are asking the appellate court to check whether the judge abused their discretion or made a decision unsupported by evidence in the original trial.
The appellate court will presume that the judge was correct, so it is your lawyer’s task to rebut this presumption and show why the judge was wrong. Your lawyer will argue that the judge’s decision was an unreasonable interpretation of Texas family law.
This isn’t a task for an inexperienced lawyer. You need an attorney who knows this topic thoroughly, such as a lawyer who is board-certified in family law. A lawyer with a deep understanding of Texas family law is much better positioned to demonstrate the flaws in the judge’s decision about your case.
Don’t just surrender your assets or the custody of your children when the judge makes a mistake in your divorce case. Contact a skilled divorce lawyer with experience in divorce appeals.
Contact a San Antonio Divorce Lawyer Today
Higdon, Hardy & Zuflacht, L.L.P. is a family law firm in San Antonio, Texas, with the legal knowledge and experience to handle your divorce appeal. Every partner in our firm is board-certified in family law, a level of expertise you will not easily find elsewhere. Divorce is difficult for everyone who experiences it, but you can make things easier for yourself by hiring a family law firm with decades of experience. Call Higdon, Hardy & Zuflacht, L.L.P. at (210) 349-9933 or contact us online today for a free consultation. Ask us anything about your case.
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