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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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


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 Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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