Alright lets try this again. I'm sorely lost on this assignment, I'm sure I'm making it harder than it needs to be but it is a two part assignment that I'm just not grasping. I'll give as much detail that is offered.

Scenario

You work as a paralegal at the Briggs, Bryant, and Wendell law firm. Knowing that you graduated with your degree in Paralegal Studies and have taken a course in Domestic Relations Law, your supervising attorney, Anita Bryant, has requested your assistance regarding client Mary Green, who is seeking a divorce.

Directions

Attorney Bryant has asked you to review the client's legal issues and prepare any necessary research, correspondence, and legal documents for her to review. You will be preparing a draft of the pleadings to begin the divorce as well as the components of a marital settlement agreement, including documents concerning child custody and support, health care expenses, maintenance/alimony, and the division of property.

The memo required must be drafted as a professional document, must contain citations for at least two primary legal sources and must be at least 500 words in length. It is permissible for you to use a form or template as a base for creating your pleadings, but you must note the source of your template. You may use forms from your state (which may be called Summons and Petition or Summons and Complaint), forms from Lexis Advance, or use the template provided. Add the pleadings to your research memo so that it is submitted as a single Word document.

Memo from: Attorney Anita Bryant

To: Paralegal Staff

RE: Our Client: Mary Green

We have a new divorce client, Mary Green. I have a two-part assignment for you on her case.

The first task is to prepare a draft of the pleadings to begin the divorce. These will be used to complete the actual electronic filing now required. Here is a summary of the necessary information:

• Mary Green resides at 10430 West Charles Avenue in Franklin. Her date of birth is June 11, 1970. She is employed at Citizen's Bank as an Assistant Manager.
• Her husband, John Green, resides at 7932 South 92^nd Street in Franklin. His date of birth is July 16, 1970. He is the owner of a manufacturing business, Precision Tool, Inc.
• The Greens were married in Franklin on April 24, 2001. They have two children: Timothy, date of birth August 27, 2007, and Susan, date of birth December 29, 2010.
• Mary is not pregnant. This is the first and only action for divorce. The children currently reside with Mary and have resided there for their entire lives. The couple separated last June.
• Be sure to request the appropriate relief: a divorce, joint legal custody with placement with Mary, child support, spousal support/alimony, and a property division.

This is the second marriage for both, which leads us to the second task. The couple have a premarital agreement which states that Precision Tool, Inc., belongs solely to John Green and is not subject to division in a divorce. John owned the business before the marriage. Since their marriage, the business has expanded significantly, including a new facility which was partially financed using the couple's savings and a second mortgage on the Charles Avenue property. Mary has also provided services there such as working on financial statements and other office tasks. I would like you to research premarital agreements in our state and provide a memo to me stating what the requirements are for a valid premarital agreement in our state, both at the time the agreement is made and at the time of the divorce.

Attorney Bryant

This is information provided by my professor because others have been confused as well with this assignment.

From Instructor: To assist you with this, I thought I would break it down

For this week's assignment, you are being asked to create a minimum 500 word Memo. that is required to have citations for at least two primary legal sources.

The memo required must be drafted as a professional document,

It is permissible for you to use a form or template as a base for creating your pleadings, but you must cite the source of your template. You may use forms from your state (which may be called Summons and Petition or Summons and Complaint), forms from Lexis Advance, or use the template provided.

Add the pleadings to your research memo so that it is submitted asa single Word document.

The attorney has provided you with the information for the memo:

This is the second marriage for both parties,

The couple have a premarital agreementwhich states that Precision Tool, Inc., belongs solely to John Green and is not subject to division in a divorce. John owned the business before the marriage.

Since their marriage, the business has expanded significantly, including a new facility which was partially financedusing the couple's savingsand a second mortgage on the Charles Avenue property.

Mary has also provided services there such as working on financial statements and other office tasks.

THE MEMO

The attorney is asking you to researchpremarital agreements in your state and provide a memo stating what the requirements are for a valid premarital agreement in your state,both at the time the agreement is made and at the time of the divorce.

I have a template we were provided that I will add into here that I have started on but I keep feeling like I'm missing something or doing it wrong.

TEMPLATE:

STATE OF INDIANA CIRCUIT COURT MONROE COUNTY

FAMILY COURT BRANCH

In re the marriage of:

Mary Green,

Case No. 152661-522

Petitioner

-and-

John Green,

Respondent

PETITION FOR DIVORCE (WITH MINOR CHILD(REN))

The petitioner herein, Mary Green, appears by the law offices of Briggs, Bryant, and Wendall Law Firm, and petitions the Court for divorce, and in that respect states as follows:

1. The petitioner, Mary Green, is an adult, born June 11^th, 1970, and currently resides at 10430 West Charles Avenue, in the City of Franklin, County of Monroe, State of Indiana.

2. The respondent, John Green, is an adult, born July 16^th, 1970, and currently resides at 7932 South 92^nd Street, in the City of Franklin, County of Monroe, State of Indiana.

3. The parties to this action were married on April 24^th, 2001, in Franklin, Indiana.

4. Both parties have a bona fide resident(s) of Franklin for more than thirty (30)days immediately preceding the commencement of this action and the state of Indiana for more than six (6) months immediately preceding the commencement of this action.

5. a. The names and birthdates of the minor children of the parties are as follows:

Name Birthdate Age

Timothy Green August 27^th, 2007, 17

Susan Green December 29^th, 2010, 14

b. The names and birthdates of all other children born to the wife during the marriage are as follows:

Name Birthdate Age

Timothy Green August 27^th, 2007, 17

Susan Green December 29^th, 2010, 14

6. The wife, Mary Green, is not pregnant.

7. The marriage is irretrievably broken.

8. No other action for divorce, annulment, or legal separation by either of the parties hereto has been at any time commenced nor is now pending in any other court or before any judge thereof in this state or elsewhere.

9. The petitioner was previously married. The marriage was terminated by divorce in the Court of Monroe County, in the State of Indiana, by judgment on August 10^th, 1998. The respondent was previously married. The marriage was terminated by divorce in the Court of Monroe County, in the State of Indiana, by judgment on March 27^th, 1997.

10. The parties have (not) entered into (a) (any) written agreement(s) as to (support) (legal custody) (physical placement) (visitation of the children) (maintenance) (property division), (a copy of which agreement(s) (is) (are) attached).

11. Pursuant to Statute, this action affects real property for which the Court will be required to confirm or change interests, including but not limited to the following described real estate:

(Insert address/legal description if available of all real estate.)

12. Pursuant to Statute, the petitioner states:

1. The minor child(ren) above named presently resides with petitioner at 10430 West Charles Avenue.

1. Within the last five years, the minor child(ren) have lived with the parties to this action in the county of Franklin.

1. Petitioner has not previously participated as a party, witness, or in any other capacity in any other proceeding concerning the custody of or physical placement or visitation of the above-named child(ren).

1. Petitioner knows of no proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, or adoption.

1. Petitioner knows of no person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the minor child(ren).

1. Petitioner knows that each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

WHEREFORE, petitioner requests the following relief:

1. For an absolute divorce.

[Choose appropriate paragraph]

1. For an order granting the parties joint legal custody of the minor child(ren) (with primary physical placement awarded to the petitioner).

b. For an order granting petitioner the sole care and legal custody of the minor child(ren) (and primary placement of the minor child(ren)).

[Continue]

1. For an award of an appropriate amount for the support of the minor child(ren).

1. For a division of the property of the parties.

[Choose appropriate paragraph]

e. For an award of maintenance to the petitioner in the form of (his) (her) share of one-half of the gross income of the parties as defined in Wis. Stat. 766.01(10) and pursuant to Wis. Stat. 766.31(4).

1. For an award of a reasonable amount for the maintenance of the petitioner.

[Continue]

f. For an award of an appropriate amount for the cost of maintaining this action and petitioner's attorney fees.

g. For such other remedies to which petitioner is entitled.

YOU ARE HEREBY NOTIFIED that pursuant to Statute, during the pendency of this action both parties are prohibited from and may be held in contempt of court for:

1. Harassing, intimidating, physically abusing, or imposing any restraint on the personal liberty of the other party or a minor child of either of the parties;

2. Encumbering, concealing, damaging, destroying, transferring, or otherwise disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court, except in the usual course of business, in order to secure necessities, or in order to pay reasonable costs and expenses of the action, including attorney fees;

3. Establishing a residence with a minor child of the parties outside the state of Wisconsin or more than 150 miles from the residence of the other party within the state without the consent of the other party or an order of the court or circuit court commissioner;

4. Removing a minor child of the parties from the state of Wisconsin for more than 90 consecutive days without the consent of the other party or an order of the court or circuit court commissioner; or

5. Concealing a minor child of the parties from the other party without the consent of the other party or an order of the court or circuit court commissioner;

Except that a violation of paragraphs 3., 4., or 5. above is not contempt of court if the court finds that the action was taken to protect a party or a minor child of the parties from physical abuse by the other party and that there was no reasonable opportunity under the circumstances for the party to obtain an order authorizing the action.

These restraining orders apply until the action is dismissed, a final judgment in the action is entered, or the court orders otherwise.

A VIOLATION OF THE ABOVE RESTRAINING ORDERS MAY RESULT IN PUNISHMENT FOR CONTEMPT, WHICH MAY INCLUDE MONETARY PENALTIES, IMPRISONMENT, AND OTHER SANCTIONS AS PROVIDED..

Dated: (Date)

(Firm name)

Attorneys for the petitioner

By

(Attorney's name)

(Attorney's address)

(Attorney's telephone no.)

Please let me know if you have any questions or would like any further information that I can hopefully provide.