Fillable Printable Agreed Final Decree of Divorce - Texas
Fillable Printable Agreed Final Decree of Divorce - Texas
Agreed Final Decree of Divorce - Texas
In re Doe –Final Decree of Divorce Page 1
NO. XXXXXX
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
JOHN DOE, §
Petitioner §
§ TARRANT COUNTY, TEXAS
AND §
§
JANE DOE, §
Respondent § 231
ST
JUDICIAL DISTRICT
AGREED FINAL DECREE OF DIVORCE
______________________________________________________________________________
On the _____day of May, 2011, the Court heard this case.
1. APPEARANCES
Petitioner, JOHN DOE, appeared in person and through his attorney of record, Suzie
Shyster, and has agreed to the terms of this order as evidenced by Petitioner’s signature below.
Respondent, JANE DOE, waived issuance of service of citation by waiver duly filed and
has agreed to the terms of this Order as evidenced by Respondent’s signature below.
2. RECORD
The making of a record of testimony was waived by the parties with the consent of the
Court.
3. JURISDICTION AND DOMICILE
The Court finds that the pleadings of Petitioner are in due form and contain all of 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 (60) days have
elapsed since the date the suit was filed. The Court finds that, at the time this suit was filed,
In re Doe –Final Decree of Divorce Page 2
Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of
the county in which this suit is filed for the preceding ninety-day period. All persons entitled to
citation were properly cited.
4. JURY
A jury was waived, and all questions of law were submitted to the Court.
5. AGREEMENT OF PARTIES
The Court finds that the parties have entered into a written agreement as contained in this
decree by virtue of having approved this 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.
6. DIVORCE
IT IS ORDERED AND DECREED that JOHN DOE, Petitioner, and JANE DOE,
Respondent, are divorced and that the marriage between them is dissolved on the ground of
insupportability.
7. CHILDREN
The Court finds that there is no child of the marriage of JOHN DOE and JANE DOE and
that none is expected.
8. DIVISION OF PROPERTY
The Court finds that the following is a just and right division of the parties' marital estate.
A. Property to Husband
IT IS ORDERED AND DECREED that the husband, JOHN DOE, 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:
In re Doe –Final Decree of Divorce Page 3
1. All clothing, jewelry, and other personal effects in the possession of the husband
or subject to his sole control.
2. 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 including, but not limited to: Wells Fargo Account No. XXXXX/
3. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the husband or subject to his sole control, save
and except those items distinctively awarded to Respondent as set forth below.
4. All 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 including,
but not limited to: Dunaway 401k Plan.
5. All individual retirement accounts, simplified employee pensions, annuities, and
variable annuity life insurance benefits in the husband’s name
6. All policies of life insurance (including cash values) insuring the husband’s life.
7. All brokerage accounts, stocks, bonds, mutual funds, and securities registered in
the husband’s name, together with all dividends, splits, and other rights and privileges in
connection with them.
In re Doe –Final Decree of Divorce Page 4
8. The real property located at 123 Main Street, Arlington, Texas 76001, including
surface and mineral estate.
9. All motor vehicles currently in the possession of husband including the JEEP,
VIN No. XXXX and the Harley Davidson, VIN No. XXXXX.
10. All household pets currently in possession of husband.
B. Property to Wife
IT IS ORDERED AND DECREED that the wife, JANE DOE, 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:
1. All clothing, jewelry, and other personal effects in the possession of the wife or
subject to her sole control including, but not limited to: the Coffee maker, all Wineglasses. If
such are not in the possession of wife at the time of the execution of this Decree, Petitioner will
turn over possession of such items within ten (10) days of the final execution of this Decree.
2. 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.
3. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the wife, including, but not limited to: the the
Treadmill. If such are not in the possession of wife at the time of the execution of this Decree,
Petitioner will turn over possession of such items within ten (10) days of the final execution of
this Decree. The property will be redeemable by wife with 48 hours written notice.
In re Doe –Final Decree of Divorce Page 5
4. The Motor vehicle identified as the Jaquar, VIN No. XXXX.
5. The sum of $5000.00 to be paid by the husband within ten (10) days of the
execution of this decree by the Court.
9. DIVISION OF DEBT
Debts to Husband
IT IS ORDERED AND DECREED that the husband, JOHN DOE, shall pay, as a part of
the division of the estate of the parties, and shall indemnify and hold the wife and her property
harmless from any failure to so discharge, these items:
1. Any and all credit accounts incurred by JOHN DOE or in the name of JOHN
DOE, except as otherwise provided in this decree.
2. Any and all debts, charges, liabilities, and other obligations incurred by JOHN
DOE or in the name of JOHN DOE except as otherwise provided in this decree.
3. Any and all debts, charges, liabilities, and other obligations incurred solely by the
husband from and after January, 2011, unless express provision is made in this decree to the
contrary.
4. 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.
5. The debt on the real property located at 123 Main Street, Arlington, Texas 76001,
including mortgage loan No. XXXXX.
6. All reasonable and necessary attorney’s fees and expenses incurred by JOHN
DOE in connection with this divorce proceeding.
8. $5000.00 total via check made out to JANE DOE to cover the costs and expenses
In re Doe –Final Decree of Divorce Page 6
of additional legal proceedings and car insurance.
Debts to Wife
IT IS ORDERED AND DECREED that the wife, JANE DOE, shall pay, as a part of the
division of the estate of the parties, and shall indemnify and hold the husband, JOHN DOE, and
his property harmless from any failure to so discharge these items:
1. Any and all credit accounts incurred by JANE DOE or in the name of JANE DOE
including, but not limited to, Credit Card Account Nos. ending in -XXXX and -YYYY, and
except as otherwise provided in this decree.
2. Any and all debts, charges, liabilities, and other obligations incurred by JANE
DOE or in the name of JANE DOE except as otherwise provided in this decree.
3. Any and all debts, charges, liabilities, and other obligations incurred solely by the
wife from and after January, 2011, unless express provision is made in this decree to the
contrary.
4. All reasonable and necessary attorney’s fees and expenses incurred by JANE
DOE in connection with this divorce proceeding.
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.
10. INSURANCE
JOHN DOE shall allow JANE DOE to remain on his medical insurance policy until
November 2011, so long as JANE DOE pays JOHN DOE for the additional cost to keep her on
his insurance, such additional cost to be ascertainable by policy documents and cooperation
between the parties.
In re Doe –Final Decree of Divorce Page 7
11. INCOME TAXES
Liability
IT IS ORDERED AND DECREED that JOHN DOE shall be solely responsible for all
federal income tax liabilities of the parties from the date of marriage through the date of divorce,
and that JOHN DOE shall timely pay 100% of any deficiencies, assessments, penalties, or
interest due thereon and shall indemnify and hold the other party and her property harmless from
all such liabilities unless such additional tax, penalty, and/or interest resulted from a party's
omission of taxable income or claim of erroneous deductions. 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.
Tax Refund
IT IS ORDERED AND DECREED that if a refund is made for overpayment of taxes for
any year during the parties' marriage through the date of divorce, JOHN DOE shall be entitled to
the entire refund of his own return, and JANE DOE is entitled to the entire refund of her own
return.
Individual Tax Returns for 2011
IT IS ORDERED AND DECREED that, for the calendar year 2011, each party shall file
an individual income tax return in accordance with the Internal Revenue Code.
Indemnification
IT IS ORDERED AND DECREED that, for the calendar year 2011, each party shall
timely pay and indemnify and hold the other party and his or her property harmless from any
federal income tax liability associated with the reporting party’s individual tax return for that
year.
In re Doe –Final Decree of Divorce Page 8
Exchange of Information
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 2011 within thirty (30) days
of receipt of a written request for the information, and in no event shall the available information
be exchanged later than March 1, 2012. As requested information becomes available after that
date, it shall be provided within ten (10) days of receipt.
12. DIVISION OF NON-AWARDED ASSETS AND NON-ASSUMED LIABILITIES
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 that 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.
13. NO ALIMONY
IT IS ORDERED AND DECREED that no provision of this decree shall be construed as
alimony under the Internal Revenue Code, except as this decree expressly provides for payment
of maintenance or alimony under the Internal Revenue Code.
14. COURT COSTS
IT IS ORDERED AND DECREED that costs of court are to be borne by the party who
incurred them.
In re Doe –Final Decree of Divorce Page 9
15. 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.
16. DECREE ACKNOWLEDGMENT
JANE DOE and JOHN DOE, 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 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.
17. 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 part 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
In re Doe –Final Decree of Divorce Page 10
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 a
basis of a claim for indemnity.
18. 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.
19. 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.
20. DATE OF JUDGMENT
Signed on the ____ day of May, 2011.
____________________________________
JUDGE PRESIDING
In re Doe –Final Decree of Divorce Page 11
APPROVED AS TO FORM ONLY:
_____________________________________
Suzie Shyster
State Bar No. XXXX
COUNSEL FOR PETITIONER
_____________________________________
Dewey Cheatum
State Bar No. XXXX
COUNSEL FOR RESPONDENT
APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE:
___________________________________ ______________________________
JOHN DOE, Petitioner JANE DOE, Respondent
