Legal Agreement Differences

Summary

A Rule 11 Agreement is a written agreement between parties in a lawsuit, filed with the court to be enforceable. A Marital Settlement Agreement (MSA) details the terms of a divorce, including custody, child support, and property division. In Harris County, Texas, both agreements must be filed with the court. For a new divorce, the MSA should include custody arrangements, child support terms, and property division. Required Initial Disclosures must also be completed, detailing financial information, assets, and liabilities. Texas Rule of Civil Procedure 194.2(b)(6) requires a computation of damages and supporting documents.

Full Conversation

I live in Texas (Harris County), is there a difference between a rule * agreement and a marital settlement agreement?
Hi ****,
Yes, there's a difference:
- **Rule * Agreement**: A written agreement between parties in a lawsuit, filed with the court to be enforceable.
- **Marital Settlement Agreement**: A specific type of agreement detailing the terms of a divorce, including property division, custody, and support.
Do you need information on how to file these agreements in Harris County?
yes
Hi ****,
To file these agreements in Harris County, here are the steps:
- **Rule * Agreement**:
*. Draft the agreement in writing.
*. Both parties sign the agreement.
*. File the agreement with the court handling your case.
- **Marital Settlement Agreement**:
*. Draft the agreement outlining divorce terms.
*. Both spouses sign the agreement.
*. Submit the agreement to the court for approval during the divorce proceedings.
Harris County Court Contact Information:

Harris County District Clerk's Office


Phone: (*) *-*
Address: * Caroline St, Houston, TX *
Website: www.hcdistrictclerk.com

Do you need more specific details on either process?
what are the differences
Hi ****,
To clarify the differences:
- **Rule * Agreement**:
- A written agreement between parties in a lawsuit.
- Filed with the court to be enforceable.
- **Marital Settlement Agreement**:
- Details terms of a divorce.
- Includes property division, custody, and support.
Do you need more details on either agreement?
would you want both if having a change in custody and child support if difference the standard for harris county/ texas
Hi ****,
If you're looking to change custody and child support in Harris County, Texas, here are the general steps:
- **Custody Modification**:
*. File a petition to modify custody.
*. Provide evidence of changed circumstances.
*. Attend a court hearing for approval.
- **Child Support Modification**:
*. File a motion to modify child support.
*. Submit updated financial information.
*. Court reviews and decides based on best interests of the child.
Would you like more details on either process?
this is no modification as there are no orders in place, and is a new divorce
Hi ****,
For a new divorce involving custody and child support in Harris County, Texas:
- **Custody**: Specify custody arrangements in the Marital Settlement Agreement.
- **Child Support**: Include child support terms in the Marital Settlement Agreement, adhering to Texas guidelines.
Would you like more details on drafting these agreements?
yes
Hi ****,
To draft these agreements for a new divorce in Harris County, Texas:
- **Custody**:
*. Determine custody terms (sole/joint custody, visitation schedules).
*. Draft these terms in the Marital Settlement Agreement.
- **Child Support**:
*. Calculate support based on Texas guidelines.
*. Include the calculated amount and payment terms in the agreement.
Would you like more specific information on Texas guidelines for child support calculations?
what does the marital settlement agreement look like for texas
Hi ****,
A Marital Settlement Agreement (MSA) in Texas typically includes:
- **Custody**: Detailed custody arrangements (sole/joint, visitation).
- **Child Support**: Calculated support amount and payment terms.
- **Property Division**: Distribution of assets and debts.
- **Spousal Support**: If applicable, terms of alimony.
- **Other Provisions**: Any additional agreements between spouses.
Would you like more details on any specific section of the MSA?
a link for a MSA
Hi ****,
While I can't provide a direct link to a specific Marital Settlement Agreement (MSA) template, you can find sample templates and forms on the Harris County District Clerk's website or through the Texas Law Help website.

Harris County District Clerk's Office


Phone: (*) *-*
Address: * Caroline St, Houston, TX *
Website: www.hcdistrictclerk.com

Would you like more guidance on any specific sections of the MSA?
is there a difference between the texas MSA or one that would be done in harris county?
Hi ****,
There's no significant difference between a Texas Marital Settlement Agreement (MSA) and one specific to Harris County. Both must meet Texas state laws and requirements. Local procedures might vary slightly, but the content remains consistent statewide.
Do you need guidance on any local procedures in Harris County?
the MSA
Hi ****,
For a Texas Marital Settlement Agreement (MSA):
- **Custody**: Detailed arrangements for custody and visitation.
- **Child Support**: Calculations and payment terms based on Texas guidelines.
- **Property Division**: Distribution of assets/debts.
- **Spousal Support**: If applicable, terms of alimony.
- **Other Provisions**: Additional agreements between spouses.
Would you like more specific details on any section of the MSA?
is a MSArequired prior to the final decree
Hi ****,
In Texas, a Marital Settlement Agreement (MSA) is usually required before the final divorce decree. It outlines the terms of the divorce, including custody, child support, property division, and spousal support, which the court will review and approve.
Would you like more details on what must be included in the MSA?
Does the court draw up the decree based on the MSA or do both parties submit the MSA and the decree at the same time
Hi ****,
In Texas, both parties typically submit the Marital Settlement Agreement (MSA) and the proposed Final Decree of Divorce to the court simultaneously. The court then reviews the MSA and incorporates its terms into the final decree.
Would you like more details on the submission process?
yes
Hi ****,
For submitting the Marital Settlement Agreement (MSA) and the proposed Final Decree of Divorce in Texas:
- **Draft MSA**: Include custody, child support, property division, and spousal support.
- **Draft Final Decree**: Reflect MSA terms.
- **Submit Both**: File both documents with the court simultaneously.
- **Court Review**: The court reviews and may approve them.
Would you like more details on drafting these documents?
what does may approve them mean? Do i need to file a parenting plan too
Hi ****,
"May approve them" means the court has the discretion to review and approve the submitted Marital Settlement Agreement (MSA) and Final Decree of Divorce. The court ensures they meet legal standards and are in the best interest of any children involved.
In Texas, you typically include the parenting plan within the MSA. However, if separate, it should align with Texas Family Code requirements.
Would you like more details on what to include in the parenting plan?
yes
Hi ****,
For a parenting plan in Texas, include:
- **Custody Arrangements**: Specify sole/joint custody and visitation schedules.
- **Decision-Making**: Detail how decisions about the child's welfare will be made.
- **Child Support**: Outline financial responsibilities.
- **Dispute Resolution**: Describe how disputes will be resolved.
Would you like more specific guidance on any part of the parenting plan?
if child support request is different than standard Texas guidelines based on */* custody and financial split for the children, where will that be noted?
Hi ****,
If the child support request deviates from the standard Texas guidelines due to */* custody and financial split, it should be noted in the Marital Settlement Agreement (MSA). Specifically, include:
- **Child Support Section**: Clearly detail the agreed-upon amount and the justification for deviation from standard guidelines.
- **Explanation**: Provide reasons for the deviation, emphasizing fairness and the children's best interests.
Would you like more details on how to draft this section?
would there be another form for the deviation/ justification for deviation
Hi ****,
In Texas, there isn't a specific separate form for deviation/justification from the standard child support guidelines. You should include the justification directly within the Marital Settlement Agreement (MSA) or the proposed Final Decree of Divorce.
Would you like more details on how to outline the justification in your MSA?
yes
Hi ****,
To outline the justification for deviation in your Marital Settlement Agreement (MSA):
- **Child Support Section**:
- State the agreed-upon child support amount.
- Include a justification statement detailing why the deviation is appropriate, such as equitable financial split and */* custody.
Would you like an example of how to phrase this justification?
yes
Hi ****,
Here's an example of how to phrase the justification for deviation in your Marital Settlement Agreement (MSA):
- **Child Support Section**:
- **Agreed Amount**: "The parties agree that the child support payment will be $X per month."
- **Justification**: "This deviation from the standard Texas guidelines reflects our */* custody arrangement and an equitable financial split, ensuring the best interests of the children."
Would you like more details on any other part of the MSA?
is doing a MSA and a parenting plan, will we need to complete a Required Initial Disclosures
Hi ****,
In Texas, Required Initial Disclosures are generally mandatory in family law cases, including divorce. These disclosures typically include financial information, assets, and liabilities of both parties.
Key Points:
- **Required Initial Disclosures**: Typically mandatory.
- **Includes**: Financial info, assets, liabilities.
Would you like more details on what to include in these disclosures?
yes
Hi ****,
For Required Initial Disclosures in Texas, include:
- **Financial Information**: Income, expenses, tax returns.
- **Assets**: Property, bank accounts, investments.
- **Liabilities**: Debts, loans, credit card balances.
Would you like more specific guidance on any of these categories?
so it's a document that outlines the details, and then I would provide statements with it?
Hi ****,
Yes, the Required Initial Disclosures document outlines detailed financial information, assets, and liabilities. You'll provide statements and documentation to support the disclosed information.
Would you like a breakdown of what specific documents to gather for these disclosures?
if we have all the same accounts, other than a few things, would our sheet have the same details, plus those extras, or only list out the ones that are different?
Hi ****,
In the Required Initial Disclosures, you should list all the same accounts for both parties. If there are any additional accounts or assets, include those as well. The document should comprehensively cover all shared and individual assets, liabilities, and financial details.
Would you like more information on how to organize this disclosure?
yes
Hi ****,
To organize your Required Initial Disclosures:
*. **Financial Information**:
- Income: Pay stubs, tax returns.
- Expenses: Monthly budget, receipts.
*. **Assets**:
- Shared: Joint bank accounts, properties.
- Individual: Separate accounts, personal property.
*. **Liabilities**:
- Shared: Joint loans, credit cards.
- Individual: Personal debts.
Would you like templates or examples to help with this?
yes, is it not the FM-DIV-DISC-*- required initial disclosures-divorce (with children)
Hi ****,
Yes, the form FM-DIV-DISC-* is generally used for Required Initial Disclosures in a divorce involving children in Texas. It outlines the necessary financial information, assets, and liabilities that need to be disclosed.
Would you like more specific guidance on filling out this form?
yes
Hi ****,
To fill out the FM-DIV-DISC-* form for Required Initial Disclosures in a divorce with children in Texas, follow these guidelines:
*. **Income**:
- Provide recent pay stubs and last two years of tax returns.
*. **Expenses**:
- List monthly expenses including housing, utilities, and childcare.
*. **Assets**:
- Detail joint and individual bank accounts, properties, and investments.
*. **Liabilities**:
- Include shared and personal debts, loans, and credit card balances.
Would you like a step-by-step walkthrough for any specific section of the form?
yes
Hi ****,
Let's go through the FM-DIV-DISC-* form step-by-step:
*. **Income**:
- **Recent Pay Stubs**: Attach your most recent pay stubs.
- **Tax Returns**: Include your last two years of tax returns.
*. **Expenses**:
- **Monthly Housing**: Rent/mortgage payments, utilities, maintenance.
- **Childcare**: Daycare, school tuition, extracurricular activities.
- **Other Expenses**: Food, transportation, insurance.
*. **Assets**:
- **Bank Accounts**: Joint and individual account balances.
- **Properties**: Real estate, including primary residence and any rental properties.
- **Investments**: Stocks, bonds, retirement accounts.
*. **Liabilities**:
- **Joint Debts**: Mortgages, car loans, joint credit card balances.
- **Personal Debts**: Individual loans, credit card balances.
Would you like more specific guidance on any section?
would insurance go under liabilities?
Hi ****,
Insurance is generally not classified as a liability. Instead, it is typically listed under expenses if it’s a monthly/annual payment (like health or auto insurance). However, if you have an outstanding balance on an insurance-related loan, that would go under liabilities.
Would you like more details on how to categorize insurance in your disclosures?
so, for indemnity and insuring agreements, this would cover what?
Hi ****,
Indemnity and insuring agreements generally cover the following:
- **Indemnity Agreement**: An agreement where one party agrees to compensate the other for any loss or damage incurred.
- **Insuring Agreement**: Part of an insurance policy that outlines the coverage provided by the insurer.
Would you like more specific information on either type of agreement?
yes
Hi ****,
Here's more specific information:
- **Indemnity Agreement**:
- One party agrees to compensate the other for specific losses or damages.
- Common in contracts to manage risk.
- Example: A contractor indemnifies a homeowner for damages caused during construction.
- **Insuring Agreement**:
- Found in insurance policies.
- Specifies what risks are covered by the insurer.
- Example: Coverage for fire damage in a homeowner's insurance policy.
Would you like more details on drafting either type of agreement?
how is it related to divorce
Hi ****,
Indemnity and insuring agreements can be related to divorce in the following ways:
- **Indemnity Agreement**: Ensures one party compensates the other for potential losses (e.g., indemnifying a spouse for debts incurred during the marriage).
- **Insuring Agreement**: Specifies insurance coverage, which might be relevant for maintaining health or life insurance for children's benefit post-divorce.
Would you like more details on how to include these in your divorce documents?
no, would settlement agreement note the MSA
Hi ****,
Yes, a Marital Settlement Agreement (MSA) is often referred to as a "settlement agreement" in divorce proceedings. The MSA notes all terms agreed upon by both parties, including custody, child support, property division, and spousal support.
Would you like more details on any specific section of the MSA?
anything else needed to note for settlement agreement, if doing a MSA and parenting plan?
Hi ****,
When doing a Marital Settlement Agreement (MSA) and a parenting plan, consider including:
- **Custody Arrangements**: Detailed custody and visitation schedules.
- **Child Support**: Agreed amount and justification for any deviation.
- **Decision-Making**: How decisions about the child's welfare will be made.
- **Dispute Resolution**: How disputes will be resolved.
- **Health Insurance**: Who will provide coverage for the children.
Would you like more details on any of these points?
within the div-disc, it lists settlement agreements, are there any other settlement agreements needed within a divorce other than what would be outlined in the MSA?
Hi ****,
In Texas, the Marital Settlement Agreement (MSA) typically covers all necessary settlement agreements in a divorce. However, additional agreements might be needed depending on specific circumstances, such as:
- **Pre-Marital Agreement**: If there was a pre-existing agreement before marriage.
- **Post-Marital Agreement**: If there was an agreement made after marriage but before divorce.
Would you like more details on any specific type of agreement?
what does it mean "persons with knowledge of relevant facts(potential witness"
Hi ****,
"Persons with knowledge of relevant facts (potential witness)" refers to individuals who have information pertinent to your case. They can provide testimony or evidence based on their firsthand knowledge of the events or circumstances surrounding the case.
Would you like more details on how to identify or list these individuals in your case?
if uncontested, do we need to list anyone
Hi ****,
In an uncontested divorce in Texas, you typically do not need to list witnesses. Since both parties agree on all terms, witness testimony is generally unnecessary. The focus is on submitting the Marital Settlement Agreement (MSA) and other required documents.
Would you like more details on any specific part of the uncontested divorce process?
documents, electronic items, or tangible things would mean what for a divorce case if uncontested
Hi ****,
In an uncontested divorce case, "documents, electronic items, or tangible things" refer to:
- **Documents**: Financial records, property deeds, prenuptial agreements.
- **Electronic Items**: Emails, text messages, digital financial records.
- **Tangible Things**: Physical assets like jewelry, vehicles, or household items.
Would you like more details on how to categorize or include these in your divorce documentation?
it says to be used to support a claim, but if it is uncontested, would anything need to be listed, if the remainder is giving all that details of finances, assets, and liabilities?
Hi ****,
In an uncontested divorce in Texas, while listing "documents, electronic items, or tangible things" to support a claim may seem excessive, it's still important to provide comprehensive details of finances, assets, and liabilities as required by the court. This ensures transparency and helps avoid potential disputes later.
Would you like more details on how to organize and present these details in your filings?
I am confused. what does Texas Rule of Civil Procedure *.*(b)(*) mean
Hi ****,
Texas Rule of Civil Procedure *.*(b)(*) requires parties to disclose:
- **A computation of each category of damages** being claimed.
- **Documents or other evidentiary material** on which each computation is based, including materials bearing on the nature and extent of injuries suffered.
Would you like more details on how to comply with this rule?