This document is a petition for divorce filed by Sandra Carroll against Kenneth Carroll. It provides basic information about the parties and the marriage. It states that there are no children and the marital assets are valued at under $50,000. It requests that the court grant the divorce and divide the marital assets and debts in a just and equitable manner.
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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
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I marital
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estate is more than zero but not more than $50,000.
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! 2. Parties
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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
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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.
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~. Dates of Marriage and Separation
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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.
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17. ( irounds for Divorce
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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
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iand prevents any reasonable expectation ofreconeiliation.
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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.
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19. Division of Communlty Property
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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
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: Court deems just and right" as provided by law.
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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
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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
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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
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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.
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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
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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.
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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,
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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.
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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:
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Petitioner
Respondent
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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."
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- .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.
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