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Can You Appeal Your Divorce?

Getting a divorce can be a very troublesome process. This is especially if both parties aren’t exactly amenable to what goes on as it is being processed. Some are able to sort out all the matters of their divorce smoothly, but other people can not.

For Divorces that haven’t been Finalized

If your spouse files a divorce against you, you will receive a copy of the petition and notice. You have 20 days to respond to it. Should you be unable to respond, the divorce will continue without you, but it will end with a default judgment. After the divorce hearing, the judge will then sign the decree thirty days after. It is within the thirty days after the hearing that you can contest the default decision and make any changes.

If you responded to the notice and go about the divorce process, negotiations and all, and then realize at some point before the divorce is to be finalized that you aren’t happy with something you previously agreed upon, you can also still change it. After the agreements have been settled, there is a sixty-day period before the judge signs your divorce decree, and it is within this time that you can still make some changes. Of course, you can only make changes to anything that you both agreed on isn’t irrevocable.

Finalized Divorces

If your divorce decree has been finalized and signed, you may still be able to change it. This is by requesting a new trial to have the decree changed. If a certain detail or a law was overlooked during the divorce or if you believe that there is new information or evidence that should be looked at, you can request for a new trial for as long as you do it within 20 days after the decree was signed. After you miss those windows, you can only change agreements in the divorce pertaining to alimony, custody, and child support.

Divorces can get messy, but it is important that you are there as it goes along to help make sure the outcome is as favorable to you as you can make it. And while you can still make some changes to your decree, it would be more advisable to make sure everything is what you want it to be. Otherwise, time is of the essence and you shouldn’t waste any time appealing for changes lest you miss your chance.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

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