Jamie Graham & Associates, PLLC

Understanding the appeal process for asset division in divorce

It is usually the court's intention to provide fair judgments in divorce proceedings. However, both parties do not always agree with the outcome and may choose to appeal a decision by the court.

If you are considering an appeal, it is important that you know what to expect. There are a few things to understand about the appeal process.

Appeal process

The family code in Chapter 9 of the Texas statutes governs the execution of a divorce and the fulfillment of the divorce terms. The courts utilize this code and divorce law to determine the right distribution of assets during a divorce. In the case of an appeal, the appellate court uses a specific process for determining if the initial distribution of assets was appropriate. They must review the case and examine the discretion standard of the trial court. If the appellate court finds the decision was just, it will stay in effect. On the other hand, if the appellate court decides against the initial decision of the trial court, then the appellate court will overrule the prior decision and instate a new one.

The discretion standard

Determining the discretion standard is key in an appeal case. In short, the discretion standard is the standard that determines if a decision was just and right in accordance with the law and regulations of the court. Judges do have some freedom in determining allocation of assets; however, there should not be any gross misapplication or unfair practices. For instance, not allowing the submission of certain evidence may seem unfair and be grounds for an appeal.

As you can see, the appeal process can be trying and quite strict. However, if you can bring a compelling case, you may be able to appeal the initial determination of your asset division. Working with a knowledgeable attorney may be helpful through the process in reaching a decision that is fair and beneficial.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
Suite 2500
San Antonio, TX 78205

Phone: 210-272-7034
Fax: 210-308-5669