"I'm not happy with the outcome of my divorce. Can I appeal it? If so, how?"

There are several options for you to consider if you are unhappy with the outcome of your divorce. First, there may be some motions you and your divorce lawyer can file after the trial is over, or after the court's order is entered, asking the judge to reconsider the rulings in the case. Reasons that a judge might throw out the decision include: lack of evidence to support the decision; misapplication of the law to the facts of the case; or vitally important new evidence that the attorneys could not have discovered before the trial. There is a short amount of time, usually thirty days after a judge enters an order, to ask the judge to change his or her decision.

The second option to challenge a result you are unhappy with in the trial court is to appeal the decision to a court of appeals. An appeal is very different from the trial of an original case to the trial court. At the trial level, the main focus is on the facts of the case and the presentation of those facts in open court through witnesses and evidence. On appeal, the facts have already been determined. A record exists of what facts were presented at the trial level, and no new facts may be introduced at the appellate level. The focus on appeal is the application of the law to the facts and circumstances of the particular case.

Arguments on appeal are made in writing and called "briefs". Sometimes, a short presentation called an "oral argument" may be made in court. An appeals judge will read the written transcript of the trial and review the written briefs to evaluate whether the trial judge or jury erred in their decision. An appeal is decided in the solitude of the appellate court's chambers.

Changing a trial judge's ruling on appeal can be difficult, because trial judges are afforded "judicial discretion", which means that the appellate court refuses to reverse a trial judge's decision unless it is evident that the judge abused his discretion.

Time is of the essence if you wish to appeal a judge's decision. Usually, you must make this decision within thirty days after the judge signs the order.

Michelle May O'Neil, president of O'Neil Anderson and a Certified Family Law Specialist by the Texas Board of Legal Specialization, is nationally recognized as a leader in family law. She focuses on child-custody disputes, complex marital-property litigation, and family-law appeals. May also acts as a mediator for other attorneys in resolving family-law disputes. She can be reached at (972) 852-8000. View her Divorce Magazine profile.