Agreements Incident to Divorce

Many people who come to the realization that their marriage is no longer working bear no ill will towards their estranged spouses but want to end their union as fairly and efficiently as possible. While people in such positions have the option of leaving it to the courts to decide issues such as custody and visitation and how marital property should be divided, they can also determine their rights themselves and memorialize them via agreements incident to divorce. If you intend to seek a divorce and want to explore if you may be able to come to an agreement with your spouse regarding certain issues, it is smart to talk to an attorney as soon as possible. The knowledgeable Dallas divorce attorneys of McClure Law Group are equipped with the skills and resources needed to achieve positive results in divorce actions, and if you engage our services, we will work tirelessly on your behalf.

Texas allows parties to a divorce action to enter into agreements to resolve issues related to their divorce without court intervention. These contracts, commonly referred to as agreements incident to divorce, can address a wide range of matters, including conservatorship and visitation, child support, spousal support, division of marital property and debts, and any other issues pertinent to the dissolution of the marriage. These agreements offer divorcing spouses the flexibility to tailor solutions that best meet their unique needs and circumstances rather than relying on the court to make decisions for them.

The Texas Family Code (the Code) sets forth the requirements for executing such agreements. Specifically, the code dictates that, in order to be enforceable, agreements incident to divorce must be in writing and signed by both parties. Additionally, they cannot be unconscionable and must be entered into voluntarily, without coercion or duress.

One of the most common agreements incident to divorce is the parenting plan, which outlines the custody arrangement and visitation schedule for any children of the marriage. This plan typically addresses the allocation of conservatorship, or decision-making authority regarding their upbringing and visitation rights. It can also establish a detailed schedule for visitation, including holidays, vacations, and special occasions, to ensure both parents have ample time with their children.

Similarly, child support agreements can outline the obligations of each parent to support their children financial following the divorce. These agreements specify the amount and frequency of child support payments, as well as provisions for medical expenses, education, and other child-related costs. With regard to any agreements incident to divorce that define parental rights and obligations that impact children, the courts generally will not incorporate them into divorce decrees or deem them enforceable unless doing so is in the children’s best interest.

In addition to matters concerning children, agreements incident to divorce can also address the division of marital property and debts. Texas is a community property state, and the code demands that the courts divide marital assets and liabilities in a manner that is right and just. Parties can negotiate and reach agreements on how to divide property such as real estate, vehicles, bank accounts, retirement accounts, and personal belongings, however, if they do not wish to rely on the courts to determine what constitutes a just division.

Divorces do not have to be acrimonious; rather, many people who decide to dissolve their marriage are able to develop agreements determining their rights and obligations without involvement from the courts. If you have questions about agreements incident to divorce and whether you may be able to employ them if you decide to divorce, you should meet with an attorney. The experienced Dallas divorce attorneys of McClure Law Group can assess the facts of your case and advise you of your options for seeking your desired outcome. Our main office is located in Dallas. We are also able to meet clients by appointment at our Collin-County office, which is located in Plano. We regularly represent people in divorce actions in Dallas, Garland, Fort Worth, Rockwall, Irving, Richardson, Frisco, and McKinney. Additionally, we frequently assist people with family-law issues in cities in Dallas, Denton, Rockwall, Collin, Tarrant, and Grayson. You can reach us by calling 214.692.8200 or by using our form online to arrange a conference.