Can You Waive the Right to an Appeal in Texas Divorce Cases?

by Teo Spengler
Sometimes being done feels better than winning.

Sometimes being done feels better than winning.

Thomas Northcut/Photodisc/Getty Images

Enough is enough. The time comes when you prefer to walk away from a divorce rather than continue to fight, even if your lawyer says the trial judge was wrong. If you decide to stop litigating and live with a Texas divorce judgment, nothing and nobody can force you to file an appeal.

Texas Divorce Court

A Texas divorce proceeds in the same basic manner as a divorce in many states. It opens with the filing of a petition for divorce, continues with an answer, and terminates with a divorce decree, which is the court document officially ending the marriage and establishing the property division, support payments and child custody orders. Either spouse can file an appeal from the divorce decree within 30 days from the date it is entered.

Waiving/Forfeiting the Right to Appeal

Filing an appeal is optional, not obligatory, in Texas. You can opt not to appeal, thus effectively waiving your right to appeal. If you decide to appeal, you must do so within 30 days or you forfeit the right to appeal. To appeal, you must file a Notice of Appeal, Request for Reporter's Record, Request for Clerk's Record and the Docketing Statement. You also must pay a fee to the appellate court clerk.