What is a Texas Rule 11 Divorce Agreement?

 Posted on October 31,2024 in Divorce

Suppose you and your spouse have agreed to divorce, and your spouse asks you to use a Rule 11 divorce agreement. You may not have heard of a Rule 11 Texas divorce, so you are unsure whether you should agree to it. You should always speak to a knowledgeable McKinney, TX family law attorney before you agree to use a Rule 11 agreement in your divorce.   

A Rule 11 Agreement is a Legally Binding Contract

In Texas, a Rule 11 agreement is a contract between spouses in a divorce or custody case. A Rule 11 agreement can include asset division, child custody and visitation, a parenting plan, spousal support, medical insurance, and debt division. The process is named after Rule 11 of the Texas Rules of Civil Procedure, which mandates that all agreements in civil cases be put in writing, signed by all involved parties, and filed with the court.

While not officially a court order, a Rule 11 agreement has the same effect and is enforceable by the court. Failing to comply with a Rule 11 agreement can result in fines and jail time. Either spouse can withdraw a Rule 11 agreement prior to the final judgment. Once it is codified into a divorce order, modifications require a court petition.  

What is Required for a Valid Rule 11 Agreement?

As noted, a Rule 11 agreement must be in writing and signed by both parties, as well as both lawyers. The agreement must then be submitted to the court or can be read into the court’s record. A Rule 11 agreement can be used to reach a mutual understanding on any divorce issues. If you and your spouse disagree on an issue, you can enter into the "traditional" type of divorce negotiations, including mediation. Entering into a Rule 11 agreement must always be voluntary and not done under any type of duress.

Can Child Custody and Visitation Be Determined by Using a Rule 11 Agreement?

You and your child’s other parent can agree via a Rule 11 agreement on custody, visitation, and how medical, educational, and religious decisions will be made on behalf of your child. Which parent will be considered the custodial parent and which will have visitation time can be decided under Texas Family Code Chapter 153, when these decisions are put into a Rule 11 agreement.

As with all Chapter 11 agreements, you and your child’s other parent may find you are too far apart on agreements regarding your child to continue, and you may need to revert to having your attorneys negotiate these agreements on your behalf. If you feel uneasy about any of the agreements proposed by your spouse, you should definitely halt the process of a Rule 11 agreement.

Can a Rule 11 Agreement Be Enforced – and Is a Rule 11 Agreement Right for You?

A Rule 11 agreement is a legally enforceable contract, meaning if your ex breaches the agreement, you can sue him or her in civil court. A Rule 11 agreement is sometimes used to encourage spouses/parents to work together to determine what is best for all those involved.

Unfortunately, many divorces and custody issues are too volatile to implement a Rule 11 agreement. Many divorces that begin as uncontested can quickly turn into hotly contested ones. Unless you are fairly sure you and your spouse agree on all issues, a Rule 11 agreement might not be right for your divorce.

Contact a Collin County, TX Divorce Lawyer

It is vital that you always consult an experienced McKinney, TX divorce attorney to make sure you are not giving up important rights or damaging your future by considering a Rule 11 agreement. At The Ramage Law Group, we focus on collaborative law and client relationships. We are an all-woman firm with highly child-focused attorneys. Call 972-562-9890 to schedule an initial meeting.