Assignments 7

Please pick a party for the attorney you work with to represent. Then based on South Carolina law, prepare summons and complaint, a supporting affidavit, a motion for temporary support or custody and a verification for either Cinderella or Prince Charming.

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Hypothetical For Assignments 7

Cinderella and Prince Charming were married on March 31, 2003. They had a blissful life for the first 10+ years. The Prince insisted that Cinderella give up her career as a house manager, due to their very busy schedule attending charity events. They lived in his family's castle where her every wish was granted by his staff. She never saw a bill or had any idea where the money to support their lifestyle came from. In due course, she had three children, Cindy who just turned 17, Priscilla now 15 and little William 8. The children each had a full time Nanny which allowed Cinderella to spend quality time with them but not to be bothered with their everyday routine. She mentioned to Prince Charming that she felt like perhaps she should attend to their daily care, but he convinced her that this was better for everyone.

Prince Charming grew increasingly bored and discontent starting in 2016-17. He then (without warning) decided in January 2019 that he would give up being a prince and pursue the career he had always wanted which was to be an architect. Cinderella was a little unsure of what would happen since he was denouncing his crown to pursue this dream. The Prince reassured her that everything would be fine as his parents had said they could continue to live in any castle they wanted and life would be exactly the same. The Prince was gone all day 6-7 days a week attending Architecture school. It was a very demanding curriculum. Cinderella grew bored fairly quickly as she now had very little to do. She decided to take art lessons from the renowned artist Leonardo. Leonardo was extremely good looking and very engaging. He praised Cinderella's talent and soon they were spending a great deal of time together. She would visit his studio at all times during the day and sometimes at night to catch the right light. One night after drinking some wine to get in the mood for creating art, they even kissed.

Cinderella found herself drinking a little more wine than usual to get in the right mood and accidentally missed some of her children's school performances. She also noticed that her husband seemed to be taking a lot more medication which he claimed was for stress.

Then came the pandemic. Cinderella moved to the country castle as she had had asthma in her childhood. The children stayed at the city castle with the Prince most of the time as it had better internet connections for remote learning. They visited Cinderella about two weekends a month but kept in touch every day via zoom.

Leonardo moved out to the country castle as his art gallery had to close due to the city restrictions and he wanted to focus on painting landscapes anyway. He and Cinderella continued their somewhat confused platonic/romantic relationship. She drank a little more wine to relieve the boredom. Leonardo always went back to the city when the kids came to visit. One of Prince Charming's fellow students moved into the city castle as she did not have a high speed internet connection and the other media requirements necessary to complete their architecture projects. Prince Charming began smoking marijuana to alleviate his anxiety. (And maybe some other prescribed and recreational substances)

Prince Charming walked in on Valentine's day and informed Cinderella that he did not love her anymore. He had fallen in love with a fellow student and wanted her to move out of the country castle immediately. She said fine he was not much of a husband any way, but she wanted half of the kingdom, alimony, child custody and support.

He said no way, everyone knew she had been having an affair with Leonardo, was a drunk and never had cared for their children.

She threw back in his face that he had made her give up her career, emotionally abused her, and obviously had been having an affair as well, not to mention his drug addiction.

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Family Court Pleading sample

SUMMONS

INSERT APPROPRIATE CAPTION

TO THE DEFENDANT ABOVE NAMED:

YOU ARE SUMMONED AND required to answer the Complaint in this action, of which a copy of which is hereby served upon you, and to serve a copy of your Answer to the Complaint on the subscribers at their offices at 11 Bay Street, Beaufort, South Carolina, within thirty (30) days after the service hereof, exclusive of the day of such service; and if you fail to answer the Complaint within the time aforesaid, judgment by default with be rendered for the relief demanded in the Complaint.

YOUR LAW FIRM NAME

(Attorney Name)

Post Office Drawer 102

Beaufort, SC 29901

(843) 524-5792

Attorney for the Plaintiff

Beaufort, South Carolina

Date:

COMPLAINT

INSERT APPROPRIATE CAPTION

The Plaintiff---------------------------------states and alleges as follows:

1. That the parties are residents of Beaufort County, South Carolina, having resided here in excess of one year.
2. That this court has jurisdiction of the parties hereto and the subject matter hereof.
3. That the parties are husband and wife having been lawfully married on February---------- in the State of --------------------.
4. That one child has been born of this marriage--------------------------born June --------------.
5. That said child is currently in the custody of the Plaintiff, ---------------------, and said plaintiff alleges that it is in the best interest of the minor child that full custody be awarded to the Plaintiff with reasonable and liberal visitation to the Defendant.
6. That the parties own no real property.
7. That the parties own one automobile, a -----------------------------.

FOR A FIRST CAUSE OF ACTION

DIVORCE

1. That each and every allegation contained in Paragraphs 1 through 7 of the Plaintiff's Complaint is repeated herein as if stated verbatim.
2. That on or about -----, the plaintiff discovered certain evidence that the Defendant had been having an adulterous affair with a woman in Savannah, Georgia. Thereafter, said Defendant admitted to the affair in Savannah, Georgia, and additionally, admitted to two other affairs during the course of the marriage, none of which have been condoned by the Plaintiff.
3. Based on the foregoing, the Plaintiff is informed and believes that she is entitled to an immediate divorce on the grounds of adultery and/or a Decree of Separate Maintenance.

FOR A SECOND CAUSE OF ACTION

CUSTODY AND CHILD SUPPORT

1. That each and every allegation contained in Paragraph 1 through 10 of the Plaintiff's Complaint is repeated herein as if stated verbatim.
2. That the parties have one child,------------------------born June,---------------which child is currently residing with the Plaintiff.
3. That the Plaintiff has been the primary custodian of the minor child since his birth and is informed and believes that it is in the best interest of the minor child that she be awarded full custody of said minor child, subject to reasonable and liberal visitation by the Defendant.
4. That, additionally, Plaintiff is informed and believes that she is entitled to child support according to the South Carolina Child Support Guidelines.

FOR A THIRD CAUSE OF ACTION

EQUITABLE DISTRIBUTION

1. That each and every allegation contained in Paragraphs 1 through 14 of the Plaintiff's Complaint is repeated herein as if stated verbatim.
2. That the parties have accumulated certain assets and debts during the course of the marriage, which the Plaintiff asks the Court to equitable divide.

FOR A FOURTH CAUSE OF ACTION

ALIMONY

1. That each and every allegation contained in Paragraphs 1 through 16 of the Plaintiff's Complaint is repeated herein as if stated verbatim.
2. That the Plaintiff, during the course of the marriage, has primarily acted as a housewife for said Defendant and currently is not employed, although she is seeking work.
3. That the Defendant is a well educated---------------------------in the United States Marine Corps, is a licensed-----------------and currently works in the field of Aircraft-------------------.
4. That upon information and belief, based on the circumstances of the break-up, the relative incomes of the parties, and due to other circumstances, the Plaintiff is informed and believes that she is entitled to alimony, both on a permanent and temporary basis.

FOR A FIFTH CAUSE OF ACTION

ATTORNEY'S FEE

1. That each and every allegation contained in Paragraphs 1 through 20 of the Plaintiff's Complaint is repeated herein as if stated verbatim.
2. That break-up of the parties was due to the adulterous affair of the Defendant.
3. That the Plaintiff is unable to pay her attorney and is informed and believes that the Defendant should pay all attorney's fee and costs related to this suit.

WHEREFORE, the Plaintiff prays the Court issue its Order as follows:

1. Granting the Plaintiff a Decree of Divorce on the grounds of Adultery and/or a Decree of Separate Maintenance.
2. Granting the Plaintiff custody of the minor child, both temporarily and permanently, together with and appropriate amount of child support according to the South Carolina Child Support Guidelines.
3. For an equitable distribution of the marital assets and debts.
4. For alimony, both temporarily and permanently.
5. Granting the plaintiff her attorney's fee and costs associated with this action.
6. For such other and further relief as this Court deems just and proper.

LAW FIRM NAME HERE

-----------------------------------------------------------

Attorney Name

11 Bay Street

Post Office Drawer 10

Beaufort, South Carolina 29901-10

(843) 524-3972

ATTORNEY FOR THE PLAINTIFF

Beaufort, South Carolina

Date

AFFIDAVIT

You would put a caption on the Affidavit.

PERSONALLY appeared before me,--------------------------------who being duly sworn, deposes and says:

My name is -------------------------, and I am------years old. I have one child,

------------------------born June---------------. My husband and I have been married for six years (date of marriage February --------------------).

When we were married, my husband was not a member of the United States Marine Corp. He joined the marine Corp in February of --- and has been a Marine since. I am currently living in base housing in ---------------------- at the marine Corp Air Station. My husband and I own one automobile, a ----------------------------.

In November of ----, after I returned from a trip, I began to have suspicions that my husband was having an adulterous affair. -------------------- became distant, and he became very ugly toward me. I did everything I could to please him, and eventually talked him into going to marriage counseling, but nothing seemed to work. On -------------------------, a friend called me and told me that my husband was having an affair with a woman in ------------------------. She told me that this affair had been going on since ---------------------. I was devastated, and I immediately began to search for evidence of this affair, hoping that I would not find it. Unfortunately, I came across a stack of letters (some of which are attached hereto as Exhibit "A"), which confirmed my fears. I was so upset, I immediately took the letters to ----------------command, and asked them to please remove him from the house, because I could not stand the sight of him. The Marine Corp was very cooperative and removed ----------------------- from the house. Several days later ----------------------called me, and I agreed to meet with my husband and --------------------- (Affidavit attached). During that meeting, my husband admitted to me that, in fact, he had been having an affair with a woman in ----------------------, and additionally admitted to two other affairs during the course of the marriage. I did not know of any of these affairs and certainly never condoned any adulterous activity by my husband.

After fining this action, my husband told me that he was going to have me thrown out of the house. Additionally, my husband demanded that he be given the one car that we have in our family. I am very concerned about being thrown out of the house. Additionally, my husband has been making repeated demands to use our ---------------. The car is titled in my name and currently insured in my name only. This was done because------------------has an abominable driving record. To my knowledge,----------------has four speeding tickets since-----------------, and, additionally, he has four speeding tickets currently on his record in-------------------. To my knowledge,-------------------has not paid the tickets which he has received in South Carolina, and I do not know the status of his driver's license, but I do know that automobile insurance for -----------------would be extremely expensive, if it is available at all.

My son--------------is now ------------years old, and I have been his primary custodian since birth. I understand that-----------------may claim that----------would be better off with him, but the fact is that------------has rarely taken care of-------------------. Additionally, I attach Affidavits showing that-------------------frequently disciplines--------------------inappropriately.

Page 2 of 2

During the course of the marriage, I have worked as a--------------and as a-------------in an office, both of those jobs were in--------------------------.

I am currently unable to support myself without assistance from my husband, because I have been a full-time wife and mother, and I will need assistance from my husband to get back on my feet.

I did not ask for this separation, and I was prepared to spend the rest of my life with--------------but for his infidelity. I would ask that the Court award me both temporary and permanent alimony, together with child support. I would also like exclusive use of our automobile and use of our household furnishings on a temporary basis.

Additionally, during the course of the marriage, my husband and I have incurred credit cards were taken out in my name. I would ask that my husband pay most, if not all of this debt, as most of this debt was incurred during the course of the marriage, which my husband destroyed. I would ask that he pay most of this.

Additionally, the military will allow me one last move, and I would ask that----------------assist with arranging the military moving my furniture in the event I choose to move.

Finally, I need money to pay my attorney. Because this is my husband's fault, I would ask that he be required to pay all of my attorney's fees.

Further Affiant sayeth not.

Signature of Affiant

Notary public

CAPTION HERE

NOTICE OF MOTION AND MOTION

YOU WILL PLEASE TAKE NOTICE that on------------------------------at------------------, at the Beaufort County Family Court, located at 1000 Ribaut Road, Beaufort, South Carolina, the Plaintiff,-----------------, by and through her undersigned attorney, will move for an order granting Plaintiff alimony and child support on a temporary basis. The motion is supported by the attached Affidavit(s).

LAW FIRM NAME HERE

Subscription

Date

Location

VERIFICATION

Caption here

PERSONALLY, appeared before me----------------------------, who, after being duly sworn, states that she is the Plaintiff above named, that she has read the foregoing Complaint and that the same is true to her own knowledge, except matters and things stated therein on information and belief, and as to those she believes them to be true.

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SWORN to before me this 30^th

Day of March, ----

-------------------------------------(SEAL)

Notary Public for South Carolina

My Commission Expires:----------------