If a divorce ended badly, the window to do something about it is measured in days, not months. Post-judgment deadlines in Texas are jurisdictional and unforgiving, and the single most common reason a bad decree stands is that nobody moved in time.
The First 30 Days
Once the decree is signed, several clocks start at once:
- A motion for new trial is generally due within 30 days of the date the judgment is signed.
- A request for findings of fact and conclusions of law is generally due within 20 days. In a divorce, § 6.711 entitles a party who timely requests it to findings on the characterization and value of the disputed property — the factual record any appeal will be built on. Skipping this request badly weakens an appeal.
- A notice of appeal is generally due within 30 days, extended to 90 days if a timely motion for new trial or request for findings is filed.
The trial court’s plenary power to change its own judgment also expires on a schedule tied to these filings. After it lapses, the trial court simply cannot fix the decree.
What an Appeal Can and Cannot Do
An appeal is a review for legal error on the existing record, not a new trial. You cannot introduce new evidence, and the appellate court does not reweigh testimony. In divorce property cases the standard is abuse of discretion, which is deferential — the question is not whether the appellate court would have divided the estate differently, but whether the trial court acted without reference to guiding rules and principles. Characterizing separate property as community, or dividing property the court had no power to divide, are the kinds of errors that get reversed.
Grounds That Actually Work
- Mischaracterization of separate property as community, where it affected the division;
- Divesting a spouse of separate property, which a court cannot do;
- A division so disproportionate that it is manifestly unjust on the record;
- Legal error in applying Chapter 7 or Chapter 8;
- Exclusion of evidence that probably caused an improper judgment.
While the Appeal Is Pending
Section 6.709 allows the trial court to make temporary orders during an appeal — requiring support of either spouse, payment of reasonable attorney’s fees, appointment of a receiver, exclusive occupancy of the residence, an injunction against dissipating awarded property, or suspension of all or part of the property division being appealed. A motion for an original temporary order under this section may not be filed after the deadline for that party’s notice of appeal, and the trial court keeps jurisdiction to sign one until the 60th day after any eligible party files notice of appeal. Note also that accepting the benefits of a judgment can waive the right to appeal it, so do not cash out an award you intend to challenge without getting advice first.
Default Judgments and Bills of Review
If a decree was taken by default, a motion for new trial within 30 days is the primary remedy. After the deadlines pass, an equitable bill of review may be available in limited circumstances — typically where a party was prevented from presenting a defense by fraud, accident, or wrongful act, without fault of their own. Bills of review are difficult and are not a substitute for a timely appeal. Where service was by publication, a longer window to seek a new trial may apply.
Is It Worth It?
Appeals take time and money, and the deferential standard means most property divisions are affirmed. Sometimes the better answer is a clarifying order, an enforcement action, or a division of property left out of the decree. What you should not do is let 30 days pass while deciding.
Frequently Asked Questions
How long do I have to appeal a Texas divorce decree?
Generally 30 days from the date the judgment is signed, extended to 90 days if a timely motion for new trial or request for findings of fact is filed.
Can I present new evidence on appeal?
No. An appeal reviews the existing record for legal error. Divorce property divisions are reviewed for abuse of discretion, which is a deferential standard.
What if a default judgment was taken against me?
A motion for new trial within 30 days is the main remedy. After that, an equitable bill of review may be available in limited circumstances.
Texas Statutes Referenced
- § 6.711 — Findings of Fact and Conclusions of Law
- § 6.709 — Temporary Orders During Appeal
- § 6.710 — Notice of Final Decree
- § 9.007 — Limitation on Power of Court to Enforce
- Chapter 6, Subchapter H — Trial and Appeal
Related Pages
- Texas Divorce (main page)
- Clarifying or Correcting a Decree
- Enforcing a Divorce Decree
- Responding to a Divorce Petition
Talk With a Texas Divorce Attorney
If your decree was wrong, the clock is already running. Call today, not next month. Call 713-955-6182 or contact The De Leon Law Firm.