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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118201
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am going to appeal my divorce decree in Texas, due to

Customer Question

I am going to appeal my divorce decree in Texas, due to unfair/non equitable division of property. What forms do I need to file, and to which court?
Submitted: 8 years ago.
Category: Family Law
Customer: replied 8 years ago.
Optional Information:
San Antonio, Texas
Already Tried:
The district court judge gave my wife my seperate property of mine, and 90% of community property, leaving me with all of the debt. The decree was signed by my wife, and the judge, and is not the same as the judges notes. I want to appeal the ruling but am not sure of which documents I need to file, and into which court.
I understand that most times the motion is refused by the district court, and needs to go higher.
Expert:  Law Educator, Esq. replied 8 years ago.
You must file a notice of appeal within 10 days of the judgment on the property division. Texas is a community property state, not an equitable distribution state, meaning the property must be divided 50-50. You would file your notice of appeal in the family court that issued the settlement and then you would file your actual appeal in the appeals court for your district. To file the appeal with the court and here are the court forms to file with your appeal ( the forms are the same for all of the appeals courts. You really need to go to the clerk of the appeals court and ask for a sample of an appeal similar to yours, since the format is lengthy and cannot be pasted here.

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Expert:  Law Educator, Esq. replied 8 years ago.
One of our other experts pointed out that I may not have been entirely clear in my statement about the 50-50 split of property. I was referring to the theory that Texas is a community property state, not an equitable distribution state in saying that in theory all marital property was jointly owned 50-50 in reference to your comment about the "equitable distribution." Of course regarding how the community property is given out is based upon numerous factors, which you did not ask about.