Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Property Division Appeals in Texas

ATTORNEYS IN DALLAS

Challenging a court's property division ruling on appeal

Property Division Appeals

Individuals going through a divorce often have conflicting opinions on vital matters, particularly regarding the division of their shared property. Consequently, they frequently seek court intervention to divide their community assets. Although Texas courts generally strive for equitable property distribution in divorce cases, their decisions may not always align with the facts or the law. While parties cannot contest a court's ruling solely because of disagreement, they may be able to file an appeal if there is clear evidence of a judicial error.

Property Division Appeals Under Texas Law

As per the Texas Family Code, when issuing a divorce decree, a court must divide the parties' estate in a just and fair manner, taking into consideration the rights of both parties and any children born during the marriage. It is important to note that not all property is subject to division in a Texas divorce. The Code specifies that only community property is subject to division, while separate property belongs solely to the spouse who owns it. Assets acquired during the marriage are generally considered community property, while assets obtained before the marriage or through inheritance, gift, or damages from personal injury during the marriage are considered separate property. Parties may also define property as separate through a prenuptial or postnuptial agreement.

Although the Code outlines the guidelines for the division of community property in divorce, judges retain some discretion in their decision-making. If a party feels that a judge's ruling was erroneous, they may file an appeal. To prove that the judge abused their discretion, the appealing party must demonstrate that the ruling was arbitrary, unreasonable, or that the judge failed to consider the appropriate principles or rules. In some cases, a judge's failure to weigh relevant facts or misapplication of the law may also constitute an abuse of discretion.

It is important to note that appellate courts will not overturn a trial court ruling based solely on the sufficiency of the evidence presented at trial. However, they may consider it as part of their overall assessment of whether the trial court abused its discretion. When evaluating the evidence presented, the appellate court will consider it in the light most favorable to the party that did not file the appeal. If the evidence supports the trial court's ruling, the appellate court will consider it sufficient. If it does not, the appellate court may overturn the ruling.

Speak with an Experienced Divorce Attorney

Although judges in divorce cases usually strive to make decisions that align with legal guidelines, they are not infallible, and it may be possible for a wronged party to challenge their ruling by filing an appeal. If you are contemplating an appeal for a property division dispute in your divorce case, it is important to consult with a lawyer without delay. At Wilson Whitaker Rynell, our proficient attorneys possess a deep understanding of the complexities involved in property division appeals, and we can provide you with guidance on the best course of action to obtain a fair outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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