How to get out of a Rule 11 agreement that has language in it that makes it irrevocable when coerced to sign it by my attorneys?

Asked 6 months ago - Dallas, TX

I signed a Rule 11 agreement to give my husband primary over our children due to pressure by attorneys, loved ones who saw me hurting, and lack of finances. This was a few months ago. The final decree has not yet been signed. I am getting back on my feet and if I can stall trial and the signing of the final decree then I should be completely back on my feet. There was domestic violence perpetrated by my husband in marriage. He told horrible lies in the social study evaluation but I don't know that it can be proven. The stress of the divorce process broke me down to where at the time I signed the document, I was too weak to fight my deceiving husband or care for the children effectively. I am concerned with the children growing up with their father due to his controlling nature.

Attorney answers (2)

  1. Erena Anatolivna Streltsov

    Contributor Level 9

    3

    Lawyers agree

    Answered . In this situation you really need an attorney. You need to make sure you do not sign the final decree of divorce and then go to the final divorce hearing and try to explain why you signed the rule 11 agreement and make your concerns known to the Judge. If the judge still rules against you, you can try and see how things go, get yourself back up on your feet, and then file to modify your custody orders on a later date.

  2. Emma Louise Conlin Haw

    Contributor Level 9

    3

    Lawyers agree

    Answered . Typically, a Rule 11 agreement based on consent can be revoked so long as it is not signed by a Judge. It's a complicated issue, so you probably need to hire an attorney if you don't have one.

    You didn't say whether you are represented by an attorney who was part of the pressure to sign the agreement. If so, you should consult them or alternatively find an attorney you do trust. I am a little suspect as to why everyone surrounding you (attorneys, family, etc) would be suggesting one thing that isn't in the child's best interest. You need to seek legal advice from somebody who can tell you honestly what costs and likelihood of success you are up against.

    Good luck and God bless!

    This does not create an attorney-client relationship. You are free to follow or ignore my opinion as expressed on... more
    Emma Louise Conlin Haw
    Emma Louise Conlin Haw, Estate Planning Attorney - Katy, TX
    Posted 6 months ago.

    Also, I moved this to family law as it is the appropriate category for the question.

    No photo
    Asker
    Posted 6 months ago.

    Thank you. I became suicidal at the end of last year. My husband has his PhD and made a compelling argument against me. I was honest about some of my mistakes in marriage and he wasn't. He denied the abuse or said he did certain things to protect himself from me. He also used my honesty to support some of his lies. I became scared and emotional to the social study evaluator so I am sure I seemed unstable. Also, the social study evaluator recommended primary to my husband. He said that it is horrible that my husband left bruises on our son but that I was more abusive than he was. I ran out of money to fight a very hard battle and I make too much for pro bono. I am currently represented. I am also getting back on my feet.

    Emma Louise Conlin Haw
    Emma Louise Conlin Haw, Estate Planning Attorney - Katy, TX
    Posted 6 months ago.

    If you are currently represented, your own attorney can give you better advice than you will find here. It sounds like this case has been long, emotional, costly and complicated. Take care of yourself, and I wish you the best. Good luck!

    Bryan L. Walter
    Bryan L. Walter, Family Law Attorney - Grapevine, TX
    Posted 6 months ago.

    perfect answers. thank you

    No photo
    Asker
    Posted 6 months ago.

    Yes, thank you for your answer. I am getting pressure from domestic violence experts to keep fighting. I miss my kids and I want them with me but I want to be completely back on my feet before I decide anything or consult with my attorney. For now I am just getting ideas.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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