I had a divorce bench trial and everything didn't go well with commuinity properties, can i appeal it without my lawyer

Asked about 1 year ago - Dallas, TX

My ex husband i had a mediation but everything was not settle, I thought that community properites supposed to be 50/50 or equally divided, My ex got the house and all the furnitures, Im a single mom with one child trying to get my place furnish and he has nothing to struggle with, is there another way i can appeal this without a lawyer because my lawyer i had stated thats what the mediation is all i get but my ex disagree on alot of things and i thought that is what the trail is for

Attorney answers (5)

  1. Adam Kielich

    Contributor Level 18

    6

    Lawyers agree

    Answered . If you agreed in mediation to the division of property then there's not much to appeal because you voluntarily agreed to the settlement. If there were some issues not resolved in mediation or some other format then you would have reached a division of property during a trial. You don't clarify whether there was mediation and then a trial or no mediated settlement agreement and only a trial or just a mediated agreement.

    Community property does not have to be split equally, it only has to be divided in a fair and just manner by the court. If you and your ex-husband came to a voluntary agreement on the property then the court does not have to worry about figuring out what a fair and just division would be because you two have done the work for him.

    Appeals are highly technical legal processes. You can't just complain to an appellate judge that you didn't understand the divorce as it was happening or you don't like the outcome. You need to make very specific arguments supported by the law. If you did not fully understand the divorce with the help of a lawyer you are probably not prepared to make an appeal without legal counsel.

  2. Martha Nan Akers

    Contributor Level 4

    4

    Lawyers agree

    Answered . Mediation is a great way to settle disputes, but it is very important that both parties completely understand the process and the agreement that is reached. Having said that, it is difficult, but not impossible, to appeal a mediated settlement agreement. If a Final Decree of Divorce has been entered, you have 30 days from the date the decree is signed by the Judge to perfect your appeal. I strongly encourage you to have direct conversation with your attorney about what happened at mediation and about appellate deadlines. If you do not feel comfortable with your attorney, you should consult with another attorney. Please remember to adhere to the deadlines! Good luck.

  3. Orsen E. Paxton III

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . Of course you can represent yourself. But, you will fail miserably because you don't know the rules or the law.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You always have the right to represent yourself. I recommend you consult with a different lawyer for a second opinion. Be aware your right to an appeal may have a specific cut off date. Consult with a lawyer today.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more
  5. Cory R Wall

    Contributor Level 6

    2

    Lawyers agree

    Answered . You're basically bound by the terms of the mediated settlement agreement. However, if there are problems with your ex not complying with its terms and conditions, you can take him to court to have the court enforce the provisions of the agreement.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Appealing a Divorce

A divorce appeal is not meant to allow you to re-argue a divorce. Instead, it is meant to address alleged errors on the part of the judge.

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