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Specialty tag(s): Family Law/Divorce Appeals

What Is an Appeal in Court?

Chris Nickelson | June 18, 2025

An appeal is a legal process in which a higher court reviews the decision of a lower court. The goal of an appeal is to determine whether the trial court made a legal error that significantly affected the ruling. While not every mistake made at trial can form the basis for an appeal, some errors, known as “reversible errors,” may be grounds to change or overturn the judgment.

In family law appeals, the higher court will examine the record from the original trial, including the transcripts, admitted evidence, and the lower court’s rulings, to determine if there was a mistake. However, it’s important to understand that an appeal is not a second trial. It is not a chance to present new evidence or retry your case. If new facts or documents are revealed after the initial judgment, they cannot be used in the appeal process. The family law appellate process focuses on whether legal procedures and rules were properly followed and whether any error was serious enough to change the outcome.

How Do You Appeal a Family Law Decision?

Filing an appeal requires identifying a legal error that likely affected the judge’s ruling. This can include misapplication of the law, improper admission or exclusion of evidence, or denial of due process. However, you can’t simply disagree with the outcome. You must also have preserved the error during the trial.

What Does it Mean to Preserve Error for Appeal?

Preserving error for appeal in Texas means that during the trial, your attorney must have made a timely and specific objection to the court’s action or inaction and received an adverse ruling. If this requirement is not met, your issue cannot be raised on appeal.

Preserving error for appeal is a highly technical process. Even a valid complaint can be lost if not properly preserved, which is why working with a skilled family law appellate attorney early on is so important.

Why You Need an Appellate Attorney

Because of the strict rules and high standards involved, success in family law appeals often depends on whether the original trial was handled with the potential for an appeal in mind. A lawyer who understands appellate law can help you structure arguments, preserve potential issues, and evaluate whether an appeal is worth pursuing.

Whether you’re hoping to overturn a decision or you’re defending against an appeal filed by the other party, hiring an experienced appellate lawyer like Chris Nickelson can make a significant difference.

Contact Goranson Bain Ausley today to schedule a consultation on your case.