Discretion in Divorce Cases in Texas
ATTORNEYS IN DALLAS
Texas divorce courts have significant discretion in determining the outcome of property division and child custody.
Discretion in Divorce Cases
The Texas Family Code provides guidance on how various issues in family-law cases should be resolved. However, it does not always provide specific instructions for judges to follow. For instance, the Code does not set forth a definitive formula for dividing community property in divorce cases. Rather, it grants judges the discretion to divide community property in a manner that is just and right, which does not necessarily require an equal division.
Additionally, the Code authorizes courts to determine the amount, duration, and type of spousal support to be awarded. Finally, in cases involving child custody, judges have a considerable amount of discretion in determining conservatorship and access rights. While judges must consider the best interests of the child, they are not bound to divide custody in any particular way
Establishing Abuse of Discretion Power in Divorce Cases
Judges have the authority to exercise discretion in resolving certain issues in divorce cases. However, they are required to do so prudently, and if they fail to do so, their decision may be appealed. In order to appeal a judge's ruling in a divorce case, the party filing the appeal must show that the judge's decision constitutes an abuse of discretion. This means that the judge's decision was either indiscriminate or unreasonable or that the judge ignored applicable rules or principles. An abuse of discretion can also be demonstrated by showing that the judge did not apply the law correctly or declined to evaluate relevant facts.
It's worth noting that appellate courts will not find an abuse of discretion simply because they would have issued a different ruling. Appellate courts will affirm any ruling that is supported by material and significant evidence.
Speak with an Experienced Divorce Attorney
The experienced attorneys at Wilson Whitaker Rynell have extensive knowledge of the effective strategies required to achieve favorable outcomes in divorce cases. 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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