throbber
Filed
`12/15/2023 10:32 AM
`Beverley McGrew Walker
`District Clerk
`Fort Bend County, Texas
`Christian Reems
`
`CAUSE NO. 23-DCV-310711
`
`IN THE MATTER OF THE
`MARRIAGE OF
`
`AHMAD ALRUBAIY
`AND
`LINA ZEYAD TAREQ AL-HAKEEM
`






`
`IN THE DISTRICT COURT
`
`505TH JUDICIAL DISTRICT
`
`FORT BEND COUNTY, TEXAS
`
`AGREED FINAL DECREE OF DIVORCE
`
`This case was heard on undersigned.
`
`Appearances
`
`AHMAD ALRUBAIY, Petitioner, appeared virtually and by attorney and announced ready
`for hearing.
`
`LINA ZEYAD TAREQ AL-HAKEEM, Respondent, filed a Waiver of Service, and has
`agreed to the terms of this Agreed Final Decree of Divorce, as indicated by LINA ZEYAD TAREQ
`AL-HAKEEM’s signature below.
`
`Jurisdiction
`
`The Court, having examined the parties’ pleadings, and having heard evidence and
`argument of counsel, finds that the parties’ pleadings are proper as to form and provide all the
`allegations and information necessary to support jurisdiction. The Court finds that the 60-day
`waiting period is satisfied as at least that many days have elapsed since the filing of the Petition
`for Divorce; and all necessary residence qualifications and notice prerequisites are legally met.
`
`Further, the Court finds that citation was properly served on all persons entitled to citation
`in this suit, and that when suit was filed, AHMAD ALRUBAIY was domiciled in Texas for the
`preceding six months and a resident of Fort Bend County, Texas, for the preceding 90-day period.
`
`Accordingly, the Court finds that it has jurisdiction over this case and all the parties.
`
`Record of Testimony
`
`A record was waived by the parties with the consent of the Court.
`
`Page 1 of 8
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`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
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`

`

`Jury
`
`A jury was waived and all questions of fact and of law were submitted to the Court.
`
`Grant of Divorce
`
`The Court finds that the parties married on August 5, 2022.
`
`IT IS ORDERED AND DECREED that AHMAD ALRUBAIY, Petitioner, is granted a
`divorce from LINA ZEYAD TAREQ AL-HAKEEM, Respondent, and their marriage is dissolved
`on the ground of insupportability.
`
`Children
`
`There are no children born or adopted of this marriage, and no child is expected.
`
`Property
`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 Awarded to Petitioner
`
`IT IS ORDERED AND DECREED that Petitioner, AHMAD ALRUBAIY, is awarded
`the following as Petitioner’s sole and separate property, and Respondent, LINA ZEYAD TAREQ
`AL-HAKEEM, is divested of all right, title, interest, and claim in and to that property:
`
`P-1. Household Furniture and Furnishings. All household furniture, furnishings, fixtures,
`goods, art objects, collectibles, appliances, and equipment in the possession of Petitioner or subject
`to Petitioner’s sole control.
`
`P-2. Personal Effects. All clothing, jewelry, and other personal effects in the possession of
`Petitioner or subject to Petitioner’s sole control.
`
`P-3. Cash and Bank Accounts. All sums of cash in the possession of Petitioner or subject
`to Petitioner’s sole control, including funds on deposit, together with accrued but unpaid interest,
`in banks, savings institutions, or other financial institutions, which accounts stand in Petitioner’s
`sole name or from which Petitioner has the sole right to withdraw funds or which are subject to
`Petitioner’s sole control.
`
`
`
`Page 2 of 8
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`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
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`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
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`

`

`P-4. Life Insurance. All policies of life insurance (including cash values) insuring
`Petitioner’s life.
`
`P-5. Brokerage Accounts. All brokerage accounts, stocks, bonds, mutual funds, and
`securities registered in Petitioner’s name, together with all dividends, splits, and other rights and
`privileges in connection with them.
`
`P-6. Profit-sharing, Retirement, and Other Employee Benefits. 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 Petitioner’s past, present,
`or future employment.
`
`P-7. IRA, Annuities, and Employee Pensions. All individual retirement accounts,
`simplified employee pensions, annuities, and variable annuity life insurance benefits in Petitioner’s
`name.
`
`Property Awarded to Respondent
`
`IT IS ORDERED AND DECREED that Respondent, LINA ZEYAD TAREQ AL-
`HAKEEM, is awarded the following as Respondent’s sole and separate property, and Petitioner,
`AHMAD ALRUBAIY, is divested of all right, title, interest, and claim in and to that property:
`
`R-1. Household Furniture and Furnishings. All household furniture, furnishings, fixtures,
`goods, art objects, collectibles, appliances, and equipment in the possession of Respondent or
`subject to Respondent’s sole control.
`
`R-2. Personal Effects. All clothing, jewelry, and other personal effects in the possession of
`Respondent or subject to Respondent’s sole control.
`
`R-3. Cash and Bank Accounts. All sums of cash in the possession of Respondent or subject
`to Respondent’s sole control, including funds on deposit, together with accrued but unpaid interest,
`in banks, savings institutions, or other financial institutions, which accounts stand in Respondent’s
`sole name or from which Respondent has the sole right to withdraw funds or which are subject to
`Respondent’s sole control.
`
`
`
`Page 3 of 8
`
`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
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`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
`
`

`

`R-4. Life Insurance. All policies of life insurance (including cash values) insuring
`Respondent’s life.
`
`R-5. Brokerage Accounts. All brokerage accounts, stocks, bonds, mutual funds, and
`securities registered in Respondent’s name, together with all dividends, splits, and other rights and
`privileges in connection with them.
`
`R-6. Profit-sharing, Retirement, and Other Employee Benefits. 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 Respondent’s past, present,
`or future employment.
`
`R-7. IRA, Annuities, and Employee Pensions. All individual retirement accounts,
`simplified employee pensions, annuities, and variable annuity life insurance benefits in
`Respondent’s name.
`
`Miscellaneous Debts
`
`IT IS ORDERED AND DECREED that, as part of the division of the parties’ marital
`estate, all debts, charges, liabilities, and obligations incurred by either party on or after September
`14, 2023, except as otherwise allocated in this Decree, are to be paid by the party incurring the
`debt, and that party shall indemnify and hold harmless the other party and his or her property from
`any failure to discharge such debt.
`
`Encumbrances
`
`IT IS ORDERED AND DECREED that, as part of the division of the parties’ marital
`estate, all encumbrances, ad valorem taxes, liens, assessments, or other charges, whether or not
`due, accrued or matured, on all property, real and personal, awarded by the terms of the Final
`Divorce Decree, except as otherwise allocated in this Decree, are to be paid by the party incurring
`the encumbrance, and that party shall indemnify and hold harmless the other party and his or her
`property from any failure to discharge that encumbrance.
`
`
`
`
`
`Page 4 of 8
`
`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
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`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
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`

`

`Unassumed Debt
`
`IT IS FURTHER ORDERED AND DECREED that, as part of the division of the
`parties’ marital estate, any community property debt not expressly assumed by a party under this
`Agreed Final Decree of Divorce is to be paid by the party incurring the debt, and that party shall
`indemnify and hold harmless the other party and his or her property from any failure to discharge
`that debt.
`
`IT IS ORDERED that this Agreed Final Decree of Divorce shall serve as a muniment of
`title for the purpose of transferring ownership of any property awarded to any party in this Decree.
`
`Attorney Fees
`IT IS ORDERED that attorney’s fees are to be borne by the party who incurred them.
`
`Discharge From Discovery Retention Requirement
`IT IS ORDERED that the parties and their attorney are discharged from the requirement
`to retain the originals or exact copies of the discovery materials served and not required to be filed
`during the pendency of this suit pursuant to Rule 191.4(d) of the Texas Rules of Civil Procedure.
`
`Release of Attorneys
`
`The Court finds that E. Z. Ilionsky, attorney for Petitioner, AHMAD ALRUBAIY, has
`fulfilled all professional and ethical obligations with respect to this cause of action and, upon entry
`of this Decree with the Court, should be and is therefore released as attorney of record for Petitioner
`in this cause.
`
`Tax Warning
`
`The parties acknowledge that they have been separately advised by their respective
`attorneys that there may be certain tax consequences pertaining to this Decree, that neither attorney
`has furnished tax advice with respect to this agreement, that each party has been directed and
`advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to
`signing this Decree, and that the Internal Revenue Code may prevail over terms contained herein.
`The parties additionally acknowledge that they understand that failure to properly seek competent
`tax advice prior to the signing and entry of this Decree may lead to unintended and dire tax
`consequences.
`
`
`
`Page 5 of 8
`
`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
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`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
`
`

`

`Agreement
`
`AHMAD ALRUBAIY and LINA ZEYAD TAREQ AL-HAKEEM each acknowledge that
`prior to signing this Agreed Final Decree of Divorce, each has read the Decree in its entirety, had
`the opportunity to ask questions relating to the Decree and, accordingly, understands that the terms
`of this Agreed Final Decree of Divorce fully and completely resolve all issues in this suit. AHMAD
`ALRUBAIY and LINA ZEYAD TAREQ AL-HAKEEM, by signing below, further affirm that
`they believe that this Agreed Final Decree of Divorce establishes a just and right division of the
`marital assets and debts, and each voluntarily affixes his or her signature to this Final Divorce and
`Decree, and does so without being subject to any coercion or duress, or any agreement other than
`as expressly provided in this Decree.
`
`AHMAD ALRUBAIY and LINA ZEYAD TAREQ AL-HAKEEM each represents and
`warrants that prior to signing this Agreed Final Decree of Divorce, neither has incurred any debt,
`obligation or other liability, other than as expressly disclosed in this Decree, on which the other
`party is or may be found liable. AHMAD ALRUBAIY and LINA ZEYAD TAREQ AL-HAKEEM
`each affirms that he or she, at his or her sole expense, will defend, indemnify and hold harmless,
`from all damages, the other party from any action, claim or proceeding commenced after the
`signing of this Decree, that seeks to hold that other party liable for a debt, obligation, liability, act,
`or omission or failure to act, by the affirming party, where the other party has not expressly
`assumed that debt, obligation, liability, act, or responsibility for the omission or failure to act by
`the affirming party. The term damages, as used above, includes, but is not limited to, any cost,
`expense, loss, penalty, or other amount, as well as attorney’s fees, costs and expenses reasonably
`incurred in connection with enforcing this provision for indemnity.
`
`AHMAD ALRUBAIY and LINA ZEYAD TAREQ AL-HAKEEM each agrees and IT IS
`ORDERED that each party shall give prompt, written notice to the other party, of any threatened
`or instituted litigation against either party, which might serve as the basis for a claim for indemnity
`under this Agreed Final Decree of Divorce.
`
`IT IS ORDERED AND DECREED that the indemnitor shall reimburse the indemnitee,
`after written demand and proof of payment by indemnitee, for any payment made by the
`indemnitee at any time after the Agreed Final Decree of Divorce is signed by this Court, to satisfy
`
`
`
`Page 6 of 8
`
`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
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`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
`
`

`

`a judgment of a court of competent jurisdiction, or as part of a bona fide compromise or settlement
`of claims, demands, or actions for any damages to which this indemnity applies.
`
`Relief Not Granted
`IT IS FURTHER ORDERED that all relief requested and not specifically granted by the
`Court above is DENIED.
`
`This is a final judgment for which let execution, together with all writs and processes
`necessary to enforce this judgment, issue. All claims and all parties related to this suit are disposed
`of and resolved, with finality, under this judgment, which is appealable.
`
`This Court retains the power to enforce or clarify the terms of this Decree. Such
`enforcement or clarification shall not alter or affect the finality of this Decree.
`
`SIGNED on ______________________________________.
`
`
`
`
`
`
`_______________________________
`JUDGE PRESIDING
`
`
`
`
`Page 7 of 8
`
`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
`
`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
`
`

`

`APPROVED AS TO FORM ONLY:
`
`ILIONSKY LAW, PLLC
`1311 Chisholm Trail
`Suite 301
`Round Rock, Texas 78681
`
`By:
`E. Z. Ilionsky
`Attorney for AHMAD ALRUBAIY
`Bar no: 24059992
`Office Phone: (737) 637-2122
`Fax: (832) 645-7497
`Email: ez@ilionsky.com
`
`APPROVED AND CONSENTED AS TO BOTH FORM AND SUBSTANCE:
`
`________________________________
`AHMAD ALRUBAIY, Petitioner
`
`_________________________________
`_________________________________
`LINA ZEYAD TAREQ AL-HAKEEM, Respondent
`
` §
`
`���������������
`���������������
`on ____________________ by Lina Zeyad
`Sworn to and subscribed before me on ____________________ by Lina Zeyad Tareq Al-
`������������
`re appearsr below, certify that I am not an
`Hakeem. I, the notary public whose signature appears below, certify that I am not an attorney in
`this case.
`
`_____________________________________________________________________________________ ________________________ ___________
`__________________________________
`Notary Publilililililililililillililililililililililiililililllililillllillilililllilliiliililiiiiiiiiiiiiiiiiiiic ccccccccccccccccccccccccccccccccccc ///////// //////////////////////////////////////////////////////////////////////////// Noter
`Notary Public / Noter
`
`
`
`�������������������������������������������������������������������������������������������������
`
`����������������������������������������������
`
`Page 8 of 8
`
`Doc ID: 7c125989c861b39d6f00649724a1c1f65e440696
`
`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
`
`

`

`Agreed Order
`Agreed Final Decr...rce NOTARIZED.pdf
`7c125989c861b39d6f00649724a1c1f65e440696
`MM / DD / YYYY
`Signed
`
`12 / 11 / 2023
`09:53:55 UTC-6
`
`Sent for signature to Ahmad Alrubaiy
`(ahmad.alrubaiy1@gmail.com) from office@ilionsky.com
`IP: 98.97.179.195
`
`12 / 11 / 2023
`19:51:06 UTC-6
`
`Viewed by Ahmad Alrubaiy (ahmad.alrubaiy1@gmail.com)
`IP: 37.238.9.7
`
`12 / 13 / 2023
`17:19:30 UTC-6
`
`Signed by Ahmad Alrubaiy (ahmad.alrubaiy1@gmail.com)
`IP: 37.238.9.7
`
`12 / 13 / 2023
`17:19:30 UTC-6
`
`The document has been completed.
`
`Doc ID: b6e5d54f45aefaa63fe8f5849588a2874a841989
`
`

`

`this court doesnt allow /s/ sigs so please sign
`2023.12.15.Agreed...e NOTARIZED 9.pdf
`b6e5d54f45aefaa63fe8f5849588a2874a841989
`MM / DD / YYYY
`Signed
`
`12 / 15 / 2023
`09:03:04 UTC-6
`
`Sent for signature to E. Z. Ilionsky (ez@ilionsky.com) from
`office@ilionsky.com
`IP: 98.97.182.10
`
`12 / 15 / 2023
`09:48:01 UTC-6
`
`Viewed by E. Z. Ilionsky (ez@ilionsky.com)
`IP: 97.139.106.52
`
`12 / 15 / 2023
`09:48:16 UTC-6
`
`Signed by E. Z. Ilionsky (ez@ilionsky.com)
`IP: 97.139.106.52
`
`12 / 15 / 2023
`09:48:16 UTC-6
`
`The document has been completed.
`
`

`

`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`Katarina Pope on behalf of E. Z. Ilionsky
`Bar No. 24059992
`office@ilionsky.com
`Envelope ID: 82611471
`Filing Code Description: Proposed Order
`Filing Description: Agreed Final Decree of Divorce
`Status as of 12/18/2023 1:31 PM CST
`
`Associated Case Party: Ahmad Alrubaiy
`
`Name
`Katarina Pope
`
`BarNumber Email
`office@ilionsky.com
`
`TimestampSubmitted
`12/15/2023 10:32:07 AM
`
`Status
`SENT
`
`

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