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Divorce 2010,

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When A family use to work togather they communicated with one another and the elders would give council doing everything they could to keep the family togather.

When A family use to work togather they communicated with one another and the elders would give council doing everything they could to keep the family togather.

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    Divorce 2010, Divorce 2010, Document Transcript

    • JUN-17-2010 14:45 From:Wheeler&Wheeler. PC 9727714815 To:9725573431 Page: U3 NO. _-..:.O_~ ..;...;;;:;..O~_, _ IN THE MATTER OF THE MARRIAGE OF SANDRA CARROLL AND KENNETH CARROLL ORI(~1NAL PETITION FOR DIVORCE J. Discovery Level I Discovery in this case is intended to be conducted under level 1 of rule 190 of the Texas I Rules of Civil Procedure. No children are involved in this divorce case, and the value of the i I marital J estate is more than zero but not more than $50,000. I i ! 2. Parties J I I rhi, suit is brought by Sandra Carroll, Petitioner. The last three numbers of Sandra i Carroll's driver's license number arc 3(,7. The last three numbers of Sandra Carroll's Social I I Security number are 126. I Kenneth Carroll is Respondent. 3. Domicile Respondent has been a domiciliary of Texas tor the preceding six-month period and a resident of this county for the preceding ninety-day period. 4. Service No service on Respondent is necessary at this time. 5. Protective Order Statement No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit.
    • JUN-17-2010 14:45 From:Wheeler&Wheeler, PC 9727714815 To: 9725573431 I ! i I ~. Dates of Marriage and Separation I The parties were married on or about January 7, 1984 and ceased to live together as lhusband and wife on or about July 8, 2009. i I 17. ( irounds for Divorce ! I The marriage has become insupportable because of discord or conflict of personalities ibetween Petitioner and Respondent that destroys the legitimate ends of the marriage relationship I I iand prevents any reasonable expectation ofreconeiliation. I i 18. Children of the Marriage There is no child under eighteen years of age or otherwise entitled to support who was born or adopted of this marriage, and none is expected. I 19. Division of Communlty Property I Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate. If such an agreement is made, Petitioner requests the Court to approve . the agreement and divide their estate in a manner consistent with the agreement. If such an i agreement is not made, Petitioner requests the Court to divide their estate in a manner that the ! : Court deems just and right" as provided by law. i I 10. Prayer Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce WId all other relief requested in this petition. ' Petitioner prays for general relief. Respectfully submitted, JEREMY Q EWERT 965 W. Ralph Hall Parkway, Suite 101 . i
    • JUN-17-2010 14:45 From:Wheeler&Wheeler, PC 9727714815 To:9725573431 I ! Rockwall, Texas 75032 Tel: 214-649-9620 Fax.: 972-771-4815
    • JUN-17-2010 14:42 From:Wheeler&Wheeler, PC 9727714815 To: 9725573431 Page: 1/9 Kenneth Carroll Fax: 972 .• 557-3431 Re: Divorce Paperwork Mr. Carroll: Please find enclosed the Petition tor Divorce, the Waiver of Service. and the Proposed Decree. Please sign the latter two documents and return to me at your convenience if everything meets your approval. Feel free to contact me with any questions or concerns. Thank you. Jer Att y at Law Phone 214.649.9620 Fax 972.771.4815
    • JUN-17-2010 14:42 From:Wheeler&Wheeler, PC 9727714815 To:9725573431 NO. 10-10491 IN THE MATTER OF § TN THE DISTRICT COURT TIlE MARRJAGE OF § § SANDRA CARROLL § 2SSlh JUDICIAL DISTRICT AND § KENNETH CARROLL § DALLAS COUNTY. TEXAS FINAL DECREE OF DIVORCE On the Court heard this casco -------------------- Appearances Petitioner, Sandra Carroll, did not appenr in pets on but has agreed to the terms of this order as evidenced by Petitioner's signature below. Respondent, Kenneth Carroll, has made 0. general appearance and has agreed to the terms of this judgment to the extent permitted by law, as evidenced by Respondent's signature below. Record The making of a record of testimony was waived by the parties with the consent of the 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 finds that, at the time this suit was filed, Petitioner was domiciled in another state or nation and Respondent had been a domiciliary of Texas tor the preceding six-month period and was a resident of this county in which the suit was filed. All persons entitled to citation were properly cited.
    • JUN-17-2010 14:42 From:Wheeler&Wheeler, PC 9727714815 To:9725573431 Jury A jury was waived, and questions of fact and oflaw 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 approved this decree as to both fonn 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. Divorce IT IS ORDERED AND DECREED that Sandra Carroll, Petitioner, and Kenneth Carroll, 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 now under eighteen years of age or otherwise entitled to support and that none is expected. Division of Marital Estate The Court finds that no community property other than personal effects has been accumulated by the parties. IT IS ORDERED AND DECREED that the personal effects of the parties are awarded to the party having possession. Division of Debt Debts to Husband IT IS ORDERED AND DECREED that the husband, Kenneth Carroll, shall pay, as a part of the division of the estate of the parties. and shall indemnify and hold the wife and her property
    • JUN-17-2010 14:43 From:Wheeler&Wheeler. PC 9727714815 To:9725573431 harmless from any failure to so discharge, these items: H-l. All debts, charges, liabilities, and other obligations incurred solely by the husband from and after July 8, 2009 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. Treatment/Allocation ofCommun.i!y Income for Year of Divorce IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall tile an individual income tax return in accordance with the Internal Revenue Code. IT IS ORDERED AND DECREED that for calendar year 2010, each party shall indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party's individual tax return for that year unless the parties have agreed to allocate their 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 201.0 within thirty days of receipt or a written request for the information. and in no event shall the available information be exchanged later than March 1, 2011. As requested information becomes available after that date, it shall be provided within ten days of receipt.
    • JUN-17-2010 14:43 From:Wheeler&Wheeler, PC 9727714815 To:9725573431 IT IS ORDERED ANn 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 Del,TOOof 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. CQurt Costs IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them. 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 role 191.4(d) of the Texas Rules of Civil Procedure. Decree Acknowledgment Petitioner, Sandra Carroll, and Respondent, Kenneth Carroll, 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 casco 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 Eaeh party represents and warrants that he or she has not incurred any outstanding debt,
    • JUN-17-2010 14:43 From:Wheeler&Wheeler, PC 9727714815 To: 9725573431 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 tor 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 Dot wcll 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 TS 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 clari fy and enforce this decree.
    • JUN-17-2010 14:43 From:Wheeler&Wheeler, PC 9727714815 To:9725573431 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 'Judgmen; SIGNED on ~ JUDGE PRESIDING APPROVED AS TO FORM ONLY: JEREMY Q EWERT 965 W. Ralph Hall Parkway, Suite 101 Rockwall, Texas 75032 Tel: 214-649-9620 Fax: 912-771-48l5 By: _ Jeremy Ewert Attorney for Petitioner State B81 No. 24045857 APPROVED AND CONSENTED TO AS TO .BOTH FORM AND SUBSTANCE: -------------- .._-- Petitioner Respondent
    • JUN-17-2010 14:43 From:Wheeler&Wheeler, PC 9727714815 To:9725573431 NO. 10·10491 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § SANDRA CARROLL § 255tb J lJDICIAL DISTRICT AND § KENNETH CARROLL § DALLAS COUNTY, TEXAS WAIVER OF SERVICE Kenneth Carroll appeared in person before me today and stated under oath: "I, Kenneth C8IToll, am the person named as Respondent in this case. "I acknowledge that I have been provided a copy of the Original Petition for Divorce filed in this case. I have read and understand the contents of that document. "I understand that the Texas Rules of Civil Procedure require, in must instances. that a party or respondent be served with citation. I do not want to be served with citation, and I waive the issuance and service of citation. "I enter my appearance in this ease for all purposes, "I further state that the following information is correct and that my- Mailing address is: 13025 Verdant Lane. Balch Springs. Texas 75186 Telephone number is: 214-476-6850 Social Security number is: 541-66-4568 Texas driver's license number is: ['" oil] "1 further understand that I have a duty to nolif'y the Court if my mailing address changes during thi.s proceeding."
    • t""'- .J I •.•..• - .lIhee ler8.Whee ler. 14:44 From .••• Kenneth Carroll SIGNED under oath before me on ~ _ Notary Public, State of Texas 1, the notary public whose signature appears above, certify that I am not an attorney in this case. .