Fillable Printable Agreed Final Decree Divorce - Texas

Agreed Final Decree Divorce - Texas

NO. 13FD2791

IN THE MATTER OF § IN THE DISTRICT COURT

THE MARRIAGE OF §

TONI SANCHEZ § 306TH JUDICIAL DISTRICT

AND §

JOHN JOE SANCHEZ § GALVESTON COUNTY, TEXAS

AGREED FINAL DECREE OF DIVORCE

On _________________________________ the Court considered this case.

Appearances

Petitioner, Toni Sanchez, appeared in person and through attorney of record, Greg B. Enos, and

announced ready for trial.

Respondent, Jesse Joe Sanchez, did not appear in person but has agreed to the term s of this order as

evidenced by Petitioner's signature below.

Record

The record of testimony was duly reported by the court reporter for the 306th Judicial District Court.

Jurisdiction and Domicile

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations,

information, and prerequisites required by law. The Court, after receiving evidence, finds that it has

jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit

was filed.

The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas

for the preceding six-month period and a resident of the county in which this suit was filed for the preceding

ninety-day period. All persons entitled to citation were properly cited.

Jury

A jury was waived, and questions of fact and of law were submitted to the Court.

Agreement of Parties

The Court finds that the parties have entered into a written agreement as contained in this decree by

virtue of having appro ved th is decree as to both form and substance. To the extent permitted by law, the

parties stipulate the agreement is enforceable as a contract. The Court approves the agreement of the parties

as contained in this Final Decree of Divorce.

The agreements in this Final Decree of Divorce were reached in mediation with David J. Salinsky.

This Final Decree of Divorce is stipulated to represent a merger of a mediated settlement agreement between

the parties. To the extent there exist any differences between t he mediat ed settlement agreement and this

Final Decree of Divorce, this Final Decree of Divorce shall control in all instances.

Divorce

IT IS ORDERED AND DECREED that Toni Sanchez, Petitioner, and John Joe Sanchez, Respondent,

are divorced and that the marriage between them is dissolved on the ground of insupportability.

Child of the Marriage

The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is

expected.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties' marital estate, having due

regard for the rights of each party.

Property to Husband

IT IS ORDERED AND DECREED that the husband, John Joe Sanchez, is awarded the following

as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that

property:

H-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and

equipment in the possession of the husband or subject to his sole control.

H-2. All clothing, jewelry, and other personal effects in the possession of the husband or subject

to his sole control.

H-3. All sums of cash in the possession of the husband or subject to his sole control, including

funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial

institutions, which accounts stand in the husband's sole name or from which the husband has the sole right

to withdraw funds or which are subject to the husband's sole control.

H-4. The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise,

together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing

plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings

plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband's past,

present, or future employment, except for those portions awarded to Wife below.

H-5. All policies of life insurance (including cash values) insuring the husband's life.

H-6. Toolbox and some of the power tools in wife’s possession.

Property to Wife

IT IS ORDERED AND DECREED that the wife, Toni Sanchez, is awarded the following as her sole

and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:

W-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and

equipment in the possession of the wife or subject to her sole control.

W-2. All clothing, jewelry, and other personal effects in the possession of the wife or subject to

her sole control.

W-3. All sums of cash in the possession of the wife or subject to her sole control, including funds

on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial

institutions, which accounts stand in the wife's sole name or from which the wife has the sole right to

withdraw funds or which are subject to the wife's sole control.

W-4. The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise,

together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing

plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings

plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the wife's past, present,

or future employment.

W-5. 50% of the community portion Acme Tire Company Employee Savings Plan for Bargaining

Unit Employees as of January 19, 2012, as set forth in the Qualified Domestic Relations Order entered by

this Court.

W-6. All policies of life insurance (including cash values) insuring the wife's life.

W-7. The 2009 Ford Explorer motor vehicle, together with all prepaid insurance, keys, and title

documents.

W-8. The T-Shirt Business, including but not limited to all furniture, fixtures, machinery,

equipment, inventory, cash, receivables, accounts, goods, and supplies; all personal property used in

connection with the operation of the business; and all rights and privileges, past, present, or future, arising

out of or in connection with the operation of the business.

W-9. Two Thousand Five Hundred Dollars ($2,500.00) payable by John Joe Sanchez to Toni

Sanchez on or before June 30, 2013, by cash, cashier's check, or money order.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husband, John Joe Sanchez, shall pay, as a part of the

division of the estate of the parties, and shall indemnify and hold the wife and h er property harmless from

any failure to so discharge, these items:

H-1. The following debts, charges, liabilities, and obligations:

a. Debt owed to Texas Dow Employees Credit Union, provided John Joe Sanchez is

ordered to not borrow any more funds on this loan in Wife’s name

b. Acme Tire Company Employee Savings Plan 401k loan

H-2. All debts, charges, liabilities, and other obligations incurred solely by the husband from and

after April 5, 2011 unless express provision is made in this decree to the contrary.

H-3. All encumbrances, ad valorem taxes, liens , assessments, or other charges due or to become

due on the real and personal property awarded to the husband in this decree unless express provision is made

in this decree to the contrary.

H-4 All 2011 property taxes due on petitioner’s residence on or before January 31, 2012.

H-5. Two Thousand Five Hundred Dollars ($2500.00) payable by John Joe Sanchez to Toni

Sanchez on or before June 30, 2013, by cash, cashier's check, or money order.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, Toni Sanchez, shall pay, as a part of the division

of the estate of the parties, and shall in demnif y and hold the husband and his property harmless from any

failure to so discharge, these items:

W-1. The mortgage payable to Greenleaf Mortgage, secured by the property at 616 Elm, League

City, Texas 77573.

W-2. The following debts, charges, liabilities, and obligations:

a. Debt owed to Chase Visa, Account number ending in xxxx

W-3. All debts, charges, liabilities, and other obligations incurred solely by the wife from and after

April 5, 2011 unless express provision is made in this decree to the contrary.

W-4. All encumbrances, ad valorem taxes, liens, assessm ents, or other charges due or to become

due on the real and personal property awarded to the wife in this decree unless express provision is made in

this decree to the contrary.

Notice

IT IS ORDERED AND DECREED that each party shall send to the other party, within three days

of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential

liability of the other party.

Attorney's Fees

To effect an equitable division of the estate of the parties and as a part of the division, each party shall

be responsible for his or her own attorney's fees, expenses, and costs incurred as a result of legal

representation in this case.

Liability for Federal Income Taxes for Prior Year

IT IS ORDERED AND DECREED that John Joe Sanchez shall be responsible for all federal income

tax liabilities of the parties from the date of marriage through December 31, 2011, and he shall timely pay

100 percent of any deficiencies, assessments, penalties, or interest due thereon and shall indemnify and hold

the other party and her property harmless from 100 percent of such liabilities unless such additional tax,

penalty, and/or interest resulted from a party's omission of taxable income or claim of erroneous deductions.

In such case, the portion of the tax, penalty, and/or interest relating to the omitted income or claims of

erroneous deductions shall be paid by the party who earned the omitted income or proffered the claim for an

erroneous deduction. The parties agree that nothing contained herein shall be construed as or is intended as

a waiver of any rights that a party has under the "Innocent Spouse" provisions of the Internal Revenue Code.

The parties are ordered to file a joint income tax return for 2011 unless the parties agree in writing

to not do so. IT IS ORDERED AND DECREED that if a refund is made for overpayment of taxes for any

year during the parties' marriage through December 31 of 2011, Tammy Jo Sanchez shall be entitled to

seventy-five percent (75%) of the refund and John Joe Sanchez shall be entitled to twenty-five percent (25%)

of the refund, and the party receiving the refund check is designated a constructive trustee for the benefit of

the other party, and shall pay to the other party their percentage of the total amount of the refund check within

five days of receipt of the refund check. Either party is ORDERED to endorse a refund check on presentation

by the other party.

Treatment/Allocation of Community Income for Year of Divorce

IT IS ORDERED AND DECREED that, for the calendar year 2012, each party shall timely pay and

indemnify and hold the other party and hi s or her property harmless from any federal income tax liability

attributable to the personal earnings of the reporting party and any net income resulting from property subject

to the sole management and control of the reporting party from January 1 of that year through the date of

divorce and for all such postdivorce earnings and income.

IT IS ORDERED AND DECREED that for calendar year 2012, each party shall indemnify and hold

the other party and his or her property h ar mle ss from any tax liability associated with the reporting party 's

individual tax return for that year unless the parties have agreed to allocate th eir tax liability in a manner

different from that reflected on their returns.

IT IS ORDERED AND DECREED that each party shall furnish such information to the other party

as is requested to prepare federal income tax returns for 2012 within thirty days of receipt of a written request

for the information, and in no event shall the availa ble information be exchanged later than March 1, 2013.

As requested information becomes available after that date, it shall be provided within ten days of receipt.

IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the

allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not

deemed income to the party receiving those payments but are part of the property division and necessary for

a just and right division of the parties' estate.

IT IS ORDERED AND DECREED that any assets of the parties not awarded or divided by this Final

Decree of Divorce are subject to future division as provided in the Texas Family Code.

IT IS FURTHER ORDERED AND DECREED, as a part of the division of the estate of the parties,

that any community liability not expressly assumed by a party under this decree is to be paid by the party

incurring the liability, and the party incurring the liability shall indemnify and hold the other party and his

or her property harmless from any failure to so discharge the liability.

Confirmation of Separate Property

IT IS ORDERED AND DECREED that the following described property is confirmed as the separate

property of Toni Sanchez: 616 Elm Avenue, League City Texas 77573 and the 2009 Ford Explorer.

IT IS ORDERED AND DECREED that the following described property is confirmed as the separate

property of John Joe Sanchez: 2003 GMC Sierra; and the pre-marital part of his Acme Tire Company

Employee Savings Plan in the amount of $19,423.10.

Change of Petitioner's Name

IT IS ORDERED AND DECREED that Toni Sanchez's name is changed to Toni Ackermann.

Court Costs

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred

them.

Resolution of Temporary Orders

IT IS ORDERED AND DECREED that all obligations and duties imposed by the tem porary orders

of this Court that are not yet discharged shall survive this judgment, and independent enforcement may be

sought.

Discharge from Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from

the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d)

of the Texas Rules of Civil Procedure.

Decree Acknowledgment

Petitioner, Toni Sanchez, and Respondent, John Joe Sanchez, each acknowledge that before signing

this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the

opportunity to ask any questions regarding the same, and fully understand that the contents of this Final

Decree of Divorce constitute a full and complete resolution of this case. Petitioner and Respondent

acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this

agreement to be a just and right division of the marital debt and assets, and state that they have not signed by

virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree

of Divorce.

Indemnification

Each party represents and warrants that he or she has not incurred any outstanding debt, obligation,

or other liability on which the other party is or may be liable, other than those described in this decree. Each

party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to

hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable

for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole

expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party

against any such claim or demand, whether or not well founded, and will indemnify the party not assuming

the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all

damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other

damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily

incurred in enforcing this indemnity.

IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for

any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any

judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement

of claims, demands, or actions for any damages to which this indemnity relates.

The parties agree and IT IS ORDERED that each party will give the other party prompt written notice

of any litigation threatened or instituted against either party that might constitute the basis of a claim for

indemnity under this decree.

Clarifying Orders

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right

to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is

denied. This is a final judgment, for which let execution and all writs and processes necessary to enforce this

judgment issue. This judgment finally disposes of all claims and all parties and is appealable.

Date of Judgment

SIGNED on

JUDGE PRESIDING

APPROVED AS TO FORM ONLY:

Enos Law Firm, P.C.

17207 Feather Craft Lane

Webster, Texas 77598

Tel: (281) 333-3030

Fax: (281) 488-7775

By:

Greg B. Enos

Attorney for Petitioner

State Bar No. 06630450

APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:

Toni Sanchez, Petitioner

John Joe Sanchez, Respondent