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Process of Appealing a Divorce judgement.

Houston, TX |

Our final divorce trial was on 21st March 2014. The judge gave his verdict the same day. Today is 26th April 2014. The final divorce decree has not yet been signed since our attorneys are going back and forth over the wordings. In the judgement, the judge gave me a generous amount in child support and property. Something that my ex was not expecting. Now he is threatening to appeal the case. My questions are

1. Its been more than 30 days since the trail can he still file the appeal?

2. If he files the appeal, do I have to hire another appellant attorney to fight his appeal in the appeals court?

3. Typically how long does it take for the appeals court to reach a decision?

4. If the case goes back to the trail, will it be open for ALL the decisions that judge gave in the decree?

Thanks

Attorney Answers 4


  1. Best answer

    The case can be appealed 30 days after the date the final order/judgment is signed by the Judge. Whether you need to hire another attorney depends on whether your attorney can handle appeals. It can take the court of appeals 6 months, a year or longer. If the court of appeals is remanded for trial it will be on the portions of the judgment reversed by the court of appeals only.

    This does not establish an attorney/client relationship. Dallas, Denton, Collin and Tarrant County, Texas practice area. Principal office located in Lake Dallas, Texas.


  2. You have a lawyer. That is the appropriate person to answer your questions.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.


  3. In this case, the 30 day period to appeal begins once the judge signs the final decree. Talk to your lawyer about these questions. That's what you're paying them for. If you want to appeal now is the time to be finding a lawyer to help you.


  4. You have a lawyer. Ask those questions of your lawyer.
    Be careful about "agreeing" to the decree or about taking any benefit of the court's order. If you do , you may ruin any chance of an appeal.
    Your attorney may instruct you to hire an appellate attorney. If you decide to appeal, you must do so IMMEDIATELY.
    There are VERY shout timeframes in which to file a motion for new trial and to request finding of fact and conclusions of law.

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