Court Findings FAQ | Texas Family Law Powerhouse

Question 1

Can a judge refuse to make findings in complex cases involving bankruptcy or fraud?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Hallas v. Hallas. Success on appeal often depends on procedural discipline. If a trial court ignores a request for Findings of Fact, you must file a "Notice of Past Due Findings" within the strict 30-day window to preserve your rights. Without these findings, the appellate court will presume the trial judge found every fact necessary to support the original ruling, making it nearly impossible to overturn a discretionary property division.

Question 2

What happens when a Texas court doesn't issue findings of fact and conclusions of law in a divorce case?

Accepted Answer

This question has been addressed in 3 Texas court opinion(s), including Mitchell Carter v. Administrator of the Estate of James M. Shumberg, Creg Thompson, Jon Papillon, Ryan Michael Shumberg, and InTown Builders, LLC. To preserve an appeal following a bench trial, you must strictly follow the two-step process for Findings of Fact and Conclusions of Law; failing to file a 'Notice of Past Due Findings' creates a presumption that the trial court found every fact against you, making a reversal nearly impossible.