Texas Divorce Template

Agreed Decree of Divorce

NO.

IN THE MATTER OF IN THE DISTRICT COURT

THE MARRIAGE OF OF COUNTY, TEXAS

AND ______ JUDICIAL DISTRICT

AGREED DECREE

On the day of , 20 the above-entitled and numbered cause came on for consideration and hearing before this Court.

I. Parties and Appearances

Petitioner, , Social Security Number , appeared in person and through attorney of record, , and announced ready for trial.

Respondent, , Social Security Number , has made a general appearance and has agreed to the terms of this judgment to the extent permitted by law, as evidenced by the signature of Respondent appearing below.

II. Record

A record of the testimony was duly reported by the Court’s authorized Court Reporter.

III. Jurisdiction and Domicile

The Court finds that all pleadings are in due order and contain all the allegations, information, and prerequisites required by law, that all necessary resident qualifications and prerequisites of law have been legally satisfied, that this Court has jurisdiction of all the parties and the subject matter of this cause, that at least sixty (60) days have elapsed since the date suit was filed, that Petitioner was a domiciliary of the State for at least a six (6) month period preceding the filing of this action and a resident of the County in which the suit is filed for at least a ninety (90) day period preceding the filing of this action. All persons entitled to citation were properly cited, or otherwise appeared.

IV. Jury

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

V. Agreement of the Parties

The parties then announced to the Court that in order to conserve time and save litigation costs they have compromised and made agreements with respect to the final disposition of their property herein and request the Court to approve their agreements and make them effective by order of this Court. The Court finds that the parties have consented to the terms of this Decree and have stipulated that it is a contract, and that it shall survive entry of the Judgment and remain fully enforceable as same in addition to being enforceable by all other means available for enforcement of a judgment.

VI. Divorce

IT IS THEREFORE ORDERED that, , Petitioner, and , Respondent, be and they are hereby divorced, and their marriage is dissolved on the grounds of insupportability and each is restored to the status of a single person.

VII. Children of the Marriage

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

VIII. Division of the Marital Estate

The Court finds that the following is a just and equitable division of the parties' marital estate, having due regard for the rights of each party.

IT IS THEREFORE ORDERED that the parties' estate is divided as follows:

1. Separate Property Confirmed as to (wife)

IT IS ORDERED that all of the properties, rights, and interests listed in Schedule A, attached hereto, is confirmed as the sole and separate property of Petitioner, , together with all insurance policies covering such properties, rights, and interests and any escrow accounts related to such properties, rights, and interests.

2. Separate Property Confirmed as to (husband)

IT IS ORDERED that all of the properties, rights, and interests listed in Schedule B, attached hereto, is confirmed as the sole and separate property of Respondent, , together with all insurance policies covering such properties, rights, and interests and any escrow accounts related to such properties, rights, and interests.

3. Assets Awarded to (wife)

IT IS ORDERED that all of the properties, rights, and interests listed in Schedule C, attached hereto and made a part hereof for all purposes, together with all insurance policies covering such properties, rights, and interests and any escrow accounts related to such properties, rights, and interests are awarded to Petitioner, , as her sole and separate property, and she shall own, possess, and enjoy same free from any right or claim of . IT IS FURTHER ORDERED that Respondent, , hereby partitions, quitclaims, assigns, and conveys to Petitioner all of the properties, rights, and interests listed in Schedule C, attached hereto, together with all insurance policies covering such properties, rights, and interests and any escrow accounts related to such properties, rights, and interests.

4. Assets Awarded to (husband)

IT IS ORDERED that all of the properties, rights, and interests listed in Schedule D, attached hereto and made a part hereof for all purposes, together with all insurance policies covering such properties, rights, and interests and any escrow accounts related to such properties, rights, and interests are awarded to Respondent, , as his sole and separate property, and he shall own, possess, and enjoy same free from any right or claim of , except as otherwise provided herein. IT IS FURTHER ORDERED that Petitioner, , hereby partitions, quitclaims, assigns, and conveys to Respondent all of the properties, rights, and interests listed in Schedule D, attached hereto, together with all insurance policies covering such properties, rights, and interests and any escrow accounts related to such properties, rights, and interests.

5. Debts Payable by (wife)

IT IS ORDERED that Petitioner, , pay and shall pay all debts, liabilities, and obligations (including contingent liabilities), listed and described in Schedule E, attached hereto and made a part hereof for all purposes, and she further covenants and agrees to pay and completely discharge said debts, liabilities, and obligations and to indemnify and hold Respondent, , and his property harmless therefrom.

6. Debts Payable to (husband)

IT IS ORDERED that Respondent, , pay and shall pay all debts, liabilities, and obligations (including contingent liabilities), listed and described in Schedule F, attached hereto and made a part hereof for all purposes, and he further covenants and agrees to pay and completely discharge said debts, liabilities, and obligations and to indemnify and hold Petitioner, , and her property harmless therefrom.

7. Division of Assets and Liabilities Not Divided

IT IS ORDERED that any party discovering any property owned by both or either of the parties during the marriage and not divided herein shall hold same (and any income or revenue generated therefrom) as constructive trustee for the benefit of both parties and shall notify the other party of such discovery in writing, certified mail, return receipt requested, within ten (10) days of such discovery.

IT IS ORDERED that, as a part of the division of the parties' estate, any community liability not expressly assumed by a party under this Decree will be paid by the party incurring the liability.

IX. Federal Income Taxes

1. Tax Returns And Audits. Petitioner and Respondent represent that neither has executed any Waiver of the Statute of Limitations on the assessment and collection of any tax.

2. Tax Return and Tax Liability for 20. Petitioner and Respondent represent that their Joint Federal Income Tax Return is still pending review and that additional tax monies may be owed or a refund of monies already paid may be due.

3. Tax Returns and Tax Liability for 20. IT IS ORDERED that, for the calendar year 20, each party will timely file a tax return and pay that party's own income tax liability in accordance with the rules and regulations of the Internal Revenue Code.

4. Indemnification for Delay in or Negligent Furnishing of Information Necessary to Prepare Tax Returns. IT IS ORDERED that Petitioner shall pay for Respondent and indemnify Respondent from and against any Tax Liability or other reasonable costs and expenses caused by Petitioner's delay in or refusal to furnish information necessary for the preparation of Respondent's federal income tax returns for calendar year 20 ...

X. Court Costs

IT IS ORDERED that all costs of court expended in this cause are taxed against the party incurring the costs, for which let execution issue if not timely paid.

XI. Disclosure of Liabilities

The Court finds that has represented to that she has made him aware of all debts incurred solely by her during their marriage. IT IS THEREFORE ORDERED that, to the extent that any of such debts are still outstanding, shall hold and his property harmless from such debts.

The Court finds that has represented to that he has made her aware of all debts incurred solely by him during their marriage. IT IS THEREFORE ORDERED that, to the extent that any of such debts are still outstanding, shall hold and her property harmless from such debts.

XII. Clarifying Orders

Without affecting the finality of this Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this Decree.

XIII. Execution and Delivery of Documents

IT IS FURTHER ORDERED that Petitioner and Respondent shall execute all documents necessary to effect this Decree and that Petitioner and Respondent have all necessary writs, executions, and processes, as often and many as necessary to accomplish the execution and final disposition of this judgment.

IT IS FURTHER ORDERED that Respondent, shall execute the Promissory Note and Security Agreement immediately upon the signing of this Divorce Decree by the Court and shall immediately deliver same to Petitioner, .

XIV. Attorney’s Fees

IT IS ORDERED that each party shall pay fifty percent (50%) of Wife's attorney's fees incurred in this matter to be paid at the rate of and no/100 Dollars ($) per month directly to the , Texas , with the first such payment being due and payable on , 20, and like payments being due and payable on the day of each month thereafter, month to month, until paid in full.

XV. Name Change

IT IS ORDERED that Petitioner's name is changed to .

XVI. Relief Denied

IT IS ORDERED that all relief requested in this cause not expressly granted is denied.

SIGNED this day of , 20.

APPROVED AS TO FORM:

APPROVED AS TO FORM AND SUBSTANCE:

SCHEDULE A. Separate Property Confirmed as to (wife)

SCHEDULE B. Separate Property Confirmed as to (husband)

SCHEDULE C. Assets Awarded to (wife)

SCHEDULE D. Assets Awarded to (husband)

SCHEDULE E. Debts Payable by (wife)

SCHEDULE F. Debts Payable by (husband)

EXHIBIT A

Note

DATE:

MAKER:

MAKER’S MAILING ADDRESS (INCLUDING COUNTY):

PAYEE:

PLACE FOR PAYMENT (INCLUDING COUNTY):

PRINCIPAL AMOUNT:

ANNUAL INTEREST RATE ON UNPAID PRINCIPAL FROM DATE:

ANNUAL INTEREST RATE ON MATURED, UNPAID AMOUNTS:

TERMS OF PAYMENT (PRINCIPAL AND INTEREST):

SECURITY FOR PAYMENT

A SECURITY INTEREST CREATED AND GRANTED IN THE FOLLOWING SECURITY AGREEMENT:

DATE:

DEBTOR:

SECURED PARTY:

COUNTY WHERE COLLATERAL LOCATED:

COLLATERAL:

OTHER SECURITY FOR PAYMENT:

NOTE

EXHIBIT B

Security Agreement

DATE:

DEBTOR:

DEBTOR’S MAILING ADDRESS (INCLUDING COUNTY):

SECURED PARTY:

SECURED PARTY’S MAILING ADDRESS (INCLUDING COUNTY):

CLASSIFICATION OF COLLATERAL:

COLLATERAL (INCLUDING ALL ACCESSIONS):

OBLIGATION

NOTE:

DATE:

AMOUNT:

MAKER:

PAYEE:

FINAL MATURITY DATE:

TERMS OF PAYMENT:

OTHER OBLIGATION:

DEBTOR’S REPRESENTATION CONCERNING LOCATION OF COLLATERAL: