Can You Appeal the Division of Property Outcome From Your Divorce Trial?

If your divorce case proceeded to trial, you understand the significant commitment involved in reaching a final resolution. The time, money, and emotional investment can be overwhelming. When mediation fails and the judge’s decision becomes final, you might feel stuck with an outcome that seems unfair. This raises an important question: can a divorce settlement be appealed? If you believe the judge’s limited knowledge of your situation and the constraints of the trial process led to an unjust decision, exploring the option of an appeal might be your next step. Understanding the appeals process can help you navigate the complexities and seek a resolution that better reflects your circumstances.

Now that you have allowed yourself some time for the ink to dry on the Final Decree of Divorce, you may be asking yourself whether or not you can go back and appeal how the judge divided up your marital estate. Today’s blog post from the Law Office of Bryan Fagan, PLLC, will address this topic for you all.

How an Appellate Court Will Review Your Attempt to Appeal the Division of Property in Your Divorce

Yes, you can appeal how the judge divided up your marital property in a trial. An appellate court will review your appeal and decide how to proceed. The standard by which an appellate court will decide on your request is based upon an abuse of discretion standard. In essence, if sufficient evidence were contained within the record for your judge to render the decision(s) that they did, your appeal would not be successful. Requests regarding the property division are typically unsuccessful for what it’s worth.

Is a 50/50 Split of the Community/Marital Estate the Norm in Texas Divorce Trials?

Many people come to our office for a free consultation, believing that in Texas, marital property law dictates a 50/50 division of all assets between spouses. While this belief is somewhat close, it is not entirely accurate. In Texas, community property includes assets owned by either spouse at the time of divorce. The law presumes that all property acquired during the marriage is community property unless proven otherwise. If you claim that certain property or money is separate from the community estate—such as items owned before marriage or received as gifts or inheritance—you must provide evidence to support this claim.

At the start of most divorce cases, your attorney will ask for a rough draft of your estate, your spouse’s estate, and your community estate. This helps them understand the property at stake. Early on, you may need to gather evidence to address claims, such as proving whether an item is separate property or part of the community estate.

With this all said, a fair and equitable division of your community estate is what the Texas Family Code mandates a Texas divorce court to enact if the issue needs to be decided in your divorce case. This should tell you that it is not an automatic 50/50 split that occurs. It is possible that a 50/50 division could happen, but it would matter more than the circumstances, and the facts of your case led to that sort of decision rather than a quick and easy 50/50 division of assets and debts.

What Information Will a Family Law Court Consider When Dividing up Your Community Estate?

In your divorce case, the judge evaluated your and your spouse’s current and future earning potential, educational levels, health, separate property ownership, and individual support needs before deciding how to divide the community estate. The judge applied these factors specifically to your circumstances.

For instance, if you have a disability that will keep you from earning an income for yourself, you will not be in a strong position as far as your future income-earning possibilities. Conversely, if your spouse has a strong education and good health, they might earn significantly more than you in the future. In this scenario, they could be a strong candidate for spousal maintenance, especially if your marriage lasted at least ten years. Additionally, you might receive a larger share of the community estate, potentially exceeding 50%, to address the financial imbalance.

In this scenario, if a judge issued a 50/50 split of community property in divorce, you would likely be successful in an appeal of that decision. The reason is that a 50/50 split may not be fair or equitable based on the circumstances of your case. If the evidence does not support a 50/50 split, the trial court judge will likely review the case again for a new determination.

An important consideration is whether the trial court judge fully and correctly utilized all relevant factors in your case. If not, your appellate attorney will need to point this out in your appellate brief.

How Long Does It Take to Appeal a Decision, and What Happens to the Divorce Decree During the Wait?

Most family law case appeals take somewhere between 8-12 months to get a decision from the appellate court in your area of the State. What happens in many situations is that during the 8-12 month waiting period, you and your ex-spouse can informally negotiate between yourselves for a change to the decree. This change is not formal or enforceable, but it can offer you a degree of relief from the divorce decree that went against you in some regard.

It would help if you spoke to your appellate attorney on whether or not the order from the judge is still in place while your case is in appeals. They can explain the issue to you better based on your specific circumstances. Some aspects of property division involve ongoing payments, like when you must pay a significant sum to your ex-spouse over time. If your decree includes such provisions, you should verify whether you need to comply with these orders while the appeal is pending. You don’t want to end up facing an enforcement suit from your ex-spouse for failing to adhere to the order during the appeal process.

Conclusion

If you find yourself dissatisfied with the outcome of your divorce trial, you may wonder, “Can a divorce settlement be appealed?”

You can appeal a divorce settlement, but you need to understand the grounds for appeal and thoroughly review the trial process. An appeal typically focuses on procedural errors or issues of fairness rather than revisiting the entire case. Seeking the guidance of an experienced attorney can provide valuable insights into whether an appeal is viable and help you navigate the complexities of this legal process. Remember, knowing your options and understanding the appeals process is crucial for ensuring that you pursue the most effective path forward.

Questions about appealing a divorce order? Contact the Law Office of Bryan Fagan, PLLC

If you require some answers regarding requesting relief from a family law order, please get in touch with the Law Office of Bryan Fagan, PLLC, today. We offer free consultations with a licensed family law attorney six days a week. We can review your divorce decree with you and discuss your options. Several time-based limitations may affect your ability to overturn or appeal a divorce decree, so it’s crucial to consult an attorney promptly to preserve your opportunity. We are dedicated to assisting clients across southeast Texas and would be honored to support you in your legal journey.

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Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.