A Texas divorce cannot always be settled in a trial court

Sometimes a divorce can be so acrimonious that it can’t be settled in a trial court. When that happens, a divorce case can end up in the state’s Supreme Court. While this is not the norm for such cases in Texas, emotions can run high on both parties making it difficult for the parties to agree with a lower court’s decision. This can lead to one or both divorcing spouses appealing a divorce case all the way to a state’s Supreme Court.

No matter what state it happens in, a divorce can quickly turn bitter, especially if children are involved. Such is the case for a wealthy couple who have been unable to settle their case. In 2009, the woman requested to move away from her state and settle somewhere else that she felt would have more services for their daughter, who was afflicted with Down’s Syndrome. Her husband did not agree and filed for a divorce.

The woman had originally requested over $25,000 a month in child support. However, a court awarded her less than $3,000 per month. The man’s attorney stated that his client paid for the health insurance and shouldered the majority of the costs required for the daughter’s treatments. He claimed that with these factors added in, her actual support came much closer to $14,000. The woman also received a divorce settlement award of close to $4 million and joint custody.

Although she appears to have made out very well in her case, the woman claims that awarding them joint custody was a mistake because not only did it remove the daughter’s stability, it caused problems in their young son’s breastfeeding schedule. The case will now go to the South Dakota Supreme Court to answer the custody question. Most Texas couples will never fall into a situation that requires their divorce to be heard in the state’s highest court. However, sometimes a case can turn acrimonious and cannot be settled between the two parties. When this occurs, spouses going through divorce can choose to appeal their cases to their state’s highest court level.

Source: Keloland.com, “Couple’s Divorce Goes Before Supreme Court,” Brady Mallory, Oct. 2, 2012

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