Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Breached Settlement in Texas

ATTORNEYS IN DALLAS

If your spouse breaches a settlement agreement or a Rule 11 agreement, you can take legal action to enforce those agreements.

Breached Settlement

Often in divorce cases, the parties can avoid lengthy litigation by reaching an agreement on issues such as spousal support and property division. Once a divorce settlement agreement is reduced to writing and becomes part of the final divorce decree, former spouses are generally expected to comply with its terms. Unfortunately, some individuals may choose to ignore their obligations under the agreement, resulting in financial difficulties for the other party. If your ex-spouse has breached the terms of your divorce settlement agreement, it is important to speak with an attorney promptly to explore your options for enforcing your rights.

Requirements for Enforceable Settlement Agreements in Texas

Various types of settlement agreements can be employed in divorce proceedings, including mediated settlement agreements, agreements incident to divorce, and Rule 11 agreements. Mediated settlement agreements are developed during mediation and are binding if they contain a statement that they are not subject to revocation, are signed by each party to the agreement, and, if the parties are represented by counsel, their attorneys. The statement regarding revocation must be prominently displayed in bold type, capital letters, or underlined.

Agreements incident to divorce are written agreements that may address alimony and/or the division of community property and can be revised until the final divorce decree is issued unless they are binding under another law. If the court determines that the terms of an agreement incident to divorce are right and just, the court will consider them binding. If the court approves the agreement, it may include it in full in the final divorce decree, or incorporate it into the decree. Once a court approves an agreement and incorporates it into the judgment, it becomes a valid and binding judgment, rather than simply a contract between the parties.

Enforcing a Breached Settlement Agreement

If a party fails to comply with a mediated settlement agreement, an agreement incident to divorce, or a Rule 11 agreement that is part of a final judgment, the other party can file a petition for enforcement. Once the court deems the agreement to be valid and enforceable, it will issue a judgment against the party that breached the agreement.

However, if a party seeks to enforce a Rule 11 agreement that was revoked before the court entered judgment, they will likely have to pursue a breach of contract claim. This requires demonstrating the existence of a contract between the parties, performance of contractual obligations by the claiming party, breach of the agreement by the other party, and damages caused by the breach (unless the only sought remedy is performance under the agreement, in which case damages need not be proven).

Speak With an Experienced Divorce Attorney

Marriage settlement agreements are contracts, and parties who breach them can face civil liability. The attorneys at Wilson Whitaker Rynell specialize in helping individuals going through divorce to protect their rights. 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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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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