IN REGARDS TO THESE CASES FILES:

Using the information on the intake forms and client interview, draft a no-fault divorce complaint.

To:File

From: Marla Rosenbaum

Re:Initial Interview with Potential New Divorce Client Maria Cantares

Date:March 18, 2013

I met with a potential new divorce client today, Maria Cantares. Unfortunately, I was unable to complete the interview because the client became too distressed to continue when she described how her husband left her about six months ago for another woman.Her distress was compounded when she asked what we would charge and I explained that a $10,000 retainer was customary in divorce cases involving minor children.

As a result, neither the intake form nor the write-up regarding her situation and the potential divorce action are complete.I have scheduled her to come back next Thursday at 3:00 to complete the interview.I also gave her a copy of our intake form, and asked her to fill out the Financial Information section and bring that with her when she returns. She is going to talk to her parents about helping her with the retainer.

The parties met in a local community college in 2003.Maria had originally hoped to attend nursing school, but when she didn't get in to any of the schools she applied to, she decided to instead obtain a medical assistant's associate degree, with the goal of applying again to nursing school after a few years working in the field.Carl earned his associate's degree in accounting.

They graduated in May of 2004, and got married that same summer on August 15^th.

Carl's uncle had promised him a lucrative job in his accounting firm if he earned his B.A., so that fall, Carl returned to school.Maria got a job in a local medical office, and was the sole breadwinner for the next two years.Although money was very tight, the parties were happy and looked forward to the day that Carl would go to work for his uncle.

In anticipation of the bright future that lay ahead, as he entered his senior year, Carl began pressuring Maria to start a family.However, she was very ambivalent.She had actually just reapplied to nursing school, and told him she really wanted to wait until her career was also better established before having a child.

In April of 2006, Maria joyfully learned she had been accepted into nursing school.She also learned that she was two months pregnant.After talking it over with Carl, she decided to defer her admission for a year

Following his graduation in June of 06, Carl went to work for his uncle.

Following the birth of a baby girl on November 17^th, 2006, whom they named Violet, the marriage grew increasingly difficult.Maria had gained a lot of weight during her pregnancy, and Carl was constantly disparaging her.He was also working about 60 hours a week, and although the money was good, he really wasn't around much.

Carl was also expected to attend company functions, and the assumption was that spouses would also attend.These events had grown increasingly uncomfortable for Maria.Almost everyone was better educated than she was and she felt that Carl was ashamed of her.However, he insisted that she come so as to not insult his uncle.

Maria began feeling increasingly isolated and alone, as she had, at Carl's urging, quit her job at the medical office.She was also worried that Carl had begun to drink heavily - an issue that he had struggled on and off with since adolescence.

Maria took good care of the baby, and had nursing school to look forward to.In the spring, she paid the deposit to hold her place for the class that would start in September of 2007.Somehow sensing that Carl might be upset about this, she did not tell him she had done so, but she also figured it was no big deal since this had been the agreed upon plan.

In July, Carl came home one night at about 9:00, and began yelling and screaming at Maria about the fact that she had gone ahead and made the decision to go to school without consulting him.She could not calm him down, and realized that he was extremely drunk.Growing increasingly belligerent, he threw her against the wall and stormed upstairs.The following morning, he was extremely embarrassed and contrite, and begged her forgiveness.He explained to her that the thought of her going back to school had triggered painful memories of his childhood when, after his father had died, his mother had to go to work fulltime, and left her four school-age children to fend from themselves in the afternoons until she came home from work too exhausted to pay attention to them.

He implored her to just wait a few more years before going back to school - at that point, he promised, they would have enough financial stability to hire a full-time nanny.

Maria reluctantly agreed, feeling that she really had no choice in the matter - that to do otherwise would result in tremendous strain between the parties, and she was invested in trying to keep her marriage together, despite the chronic tension.They agreed she would go back to work at the medical office fifteen hours per week, and her mother would come watch Violet during those hours.Although they couldn't give her back her prior job, the office did need a receptionist.

In early 2010, just as she was planning to start reapplying to nursing school, Maria discovered she was pregnant again.She had had to stop taking the pill due to physical complications, but had not really come up with a good substitute since she and Carl had really stopped being intimate.However, one night he had actually been somewhat affectionate, and well one thing led to another.Deciding that abortion really wasn't an option for her, she hoped that the excitement of a new baby would revitalize their marriage, although she new that unless she was willing to really challenge Carl, this would mean postponing nursing school yet again.

Jack was born on October 5^th, 2010, and despite her hopes, the marriage really began deteriorating.Maria had put on more weight, and Carl was now clear that he didn't want her coming to company functions - that she really didn't fit in.He also began working longer and longer hours, which he insisted was due to his promotion.

In the meantime, Maria grew increasingly depressed, and although able to care for the children, the house remained unkempt, and dinner frequently consisted of cereal, as she lacked the energy to cook, and Carl hardly ate with them anyway.

One day in a burst of energy, Maria decided to reclaim her life, starting with putting the house back in order.She decided to embark upon an exercise program, and most importantly, to recommit to getting her nursing degree. As she was putting a load of laundry into the wash, a photograph of an attractive, young woman fell out of a pocket in her husband's pants.Realizing with a start that she recognized her from his work, she turned it over and read the inscription "To Carl - All my love.Forever and always, yours, Miranda."

That night, she confronted Carl.At first he denied he was having an affair, but he then admitted that not only had he been seeing Miranda for the past year, but that he was planning to move in with her, and had just been waiting for the right moment to tell her about his plans.

About a week later, Carl moved in with Miranda.This was about 6 months ago.

N.B..At this point in the interview, Maria became extremely agitated.She said something about the fact that when her husband told her he was leaving, he claimed she was holding him back - that she had no goals, and only wanted to stay home, eat pie, and watch soaps.I will need to really try and clarify this at the next meeting as this suggests a very different understanding of the marriage.

Intake date:March 18, 2013

CLIENT INTAKE: DIVORCE

Please answer all questions honestly and completely.

PERSONAL INFORMATION:

You:

Name:

Maria Cantares

Date of birth:

9/15/84

Social security number:

063 55 0000

Current address:

27 Maple Lane, Anytown, USA

Phone numbers:

722-444-5521 (h)722-550-8291 (c)

Last grade completed in school:

Associate's degree earned in 2004

Your spouse:

Name:

Carl Ogden

Date of birth:

10/23/83

Social security number:

992 00 8721

Current address:

16 Lovers' Lane, Anytown, U.S.A

Last grade completed in school:

Bachelor's degree earned in 2006

Phone numbers:

722-550-1212 (c)

Marriage and children:

Date and place of marriage:

8/15/2004 at Anytown, USA

Date and place you and your spouse last lived together:

27 Maple Lane, Anytown, USA, October 7, 2012

Names and birthdates of all children born to this marriage:

Violet Carmen Ogden born 11/17/06

Jack Luis Ogden 10/5/10

Names and birthdates of any children you have that are not of the marriage:

None

Names and birthdates of any children your spouse has that are not of the marriage:

None (at least none that I know about)

Please provide detailed information about any prior or ongoing proceedings involving you, your spouse or the children, such as, but not limited to: divorce actions, requests for protective orders, or allegations of child abuse or neglect:

No prior proceedings.

EMPLOYMENT

You:

Are you currently employed?

I am a fulltime homemaker and caretaker of my children.

If yes, name of employer and the number of years you have worked there:

NA

What is your gross weekly salary?Your weekly adjusted gross salary (take-home pay)?

Do you have health and/or dental insurance through your employer? ?If so, do you have an individual or a family plan?

NA

Describe all other work place benefits that you have, including but not limited to:pensions, income-sharing, and stock options:

NA

Do you have income from any other sources?If yes, please detail.

Your Spouse:

Is your spouse currently employed?

Yes

If yes, name of employer and the number of years worked there:

Ogden, Smith, and Robson, Certified Public Accountants.Carl has worked there since graduation in 2006.

What is your spouse's gross weekly salary?Your spouse's weekly adjusted gross salary (take-home pay)?

Carl's gross is about $110,000.I don't know what his adjusted pay is.

Does your spouse have health and/or dental insurance through work?If so, is it an individual or a family plan?

Carl has a family dental and health plan through work.

Describe all other work place benefits that your spouse has, including but not limited to:pensions, income-sharing, and stock options:

Carl never really talks to me about this stuff, so I'm not sure.But I think the only thing he has is some kind of pension plan.I think it is a pretty good one.

Does your spouse have income from any other sources?If yes, please detail.

Not that I know of

FINANCIAL INFORMATION

Assets:

Do you and/or your spouse own your marital residence?

If yes:

Date of purchase:

Purchase price:

Down payment:

Source of fund:

Current fair market value:

Amount due on first mortgage:

Any additional mortgages/home equity loans:

Rental income:

Do you and/or your spouse own any other real estate?

If yes:

Date of purchase:

Purchase price:

Down payment:

Source of funds:

Current fair market value:

Amount due on mortgage:

Any additional mortgages/home equity loans:

Rental or other income:

Please identify any business that you and/or your spouse have an interest in.Include the name and type of business, the nature of the interest, and its value, if known.

Please list any investments that you and/or your spouse have such as: mining CDs, money market accounts, and stocks. Include whose name the asset is in, and what it is worth.

Please list all bank accounts that you and/or your spouse have.Include the name of the bank, the account number, the name(s) on the account, the type of account, and how much is in it.

Please provide the following information for each vehicle owned by you and/or your spouse:year, make and model; who holds title; current value; amount due on any existing loans.

Please provide a general description of the other assets owned by you and/or your spouse, including, but not limited to:household furnishings; collections, such as stamp or coin collections, artwork, sports equipment, etc. (Please provide the approximate value of any items you believe to be particularly valuable)

Debts:

Please list each credit card that you and/your spouse have, including the name(s) on the account and how much is currently due on the account:

Please provide information about any other debt that you and/or your spouse have incurred that is not already listed above.For each, identify the nature of the debt; in whose name the loan was incurred; how much is owed and the monthly payments:

CLIENT INTAKE: DIVORCE

Please answer all questions honestly and completely.

PERSONAL INFORMATION:

You:

Name:

Date of birth:

Social security number:

Current address:

Last grade completed in school:

Your spouse:

Name:

Date of birth:

Social security number:

Current address:

Last grade completed in school:

Marriage and children:

Date and place of marriage:

Date and place you and your spouse last lived together:

Names and birthdates of all children born to this marriage:

Names and birthdates of any children you have that are not of the marriage:

Names and birthdates of any children your spouse has that are not of the marriage:

Please provide detailed information about any prior or ongoing proceedings involving you, your spouse or the children, such as, but not limited to: divorce actions, requests for protective orders, or allegations of child abuse or neglect:

EMPLOYMENT

You:

Are you currently employed?

If yes, name of employer and the number of years you have worked there:

What is your gross weekly salary?Your weeklyadjusted gross salary (take-home pay)?

Do you have health insurance?If so, do you have an individual or a family plan?

Describe all other work place benefits that you have, including but not limited to:pensions, income-sharing, stock options, and disabilities coverage:

Do you have income from any other sources?If yes, please detail.

Your Spouse:

Is your spouse currently employed?

If yes, name of employer and the number of years worked there:

What is your spouse's gross weekly salary?Your spouse's weekly adjusted gross salary (take-home pay)?

Does your spouse have health insurance?If so, is it an individual or a family plan?

Describe all other work place benefits that your spouse has, including but not limited to:pensions, income-sharing, stock options, and disabilities coverage:

Does your spouse have income from any other sources?If yes, please detail.

FINANCIAL INFORMATION

Assets:

Do you and/or your spouse own your marital residence?

No, we rent.

If yes:

Date of purchase:

Purchase price:

Down payment:

Source of fund:

Current fair market value:

Amount due on first mortgage:

Any additional mortgages/home equity loans:

Rental income:

Do you and/or your spouse own any other real estate?

No.

If yes:

Date of purchase:

Purchase price:

Down payment:

Source of funds:

Current fair market value:

Amount due on mortgage:

Any additional mortgages/home equity loans:

Rental or other income:

Please identify any business that you and/or your spouse have an interest in.Include the name and type of business, the nature of the interest, and its value, if known.

NONE

Please list any investments that you and/or your spouse have such as: mining CDs, money market accounts, and stocks. Include whose name the asset is in, and what it is worth.

We have about 6,000 in some kind of money market.It is in Carl's name.He inherited this money when his grandfather died.

Please list all bank accounts that you and/or your spouse have.Include the name of the bank, the account number, the name(s) on the account, the type of account, and how much is in it.

Anytown Bank and Trust

Account # 7742231 - the account is in both of our names.

Savings:28,000 (We have been saving to buy a house.About 10,000 of this is from wedding gifts..)

Checking:about 2,700.

Please provide the following information for each vehicle owned by you and/or your spouse:year, make and model; who holds title; current value; amount due on any existing loans.

2010 Honda Accord.This car is in Carl's name - he said he had to have a good car for his job, so he traded in our old car and got this oneHe paid a lot of money for it.I don't know anything more - he thinks of this as his.He doesn't even like to have the kids in it.

2001 Chevy Impala.This is in both our names.We don't owe any money on it.It's a piece of junk - my grandparents gave it to us after we got married when they got a new car.Maybe it's worth about $2,000.

Please provide a general description of the other assets owned by you and/or your spouse, including, but not limited to:household furnishings; collections, such as stamp or coin collections, artwork, sports equipment, etc. (Please provide the approximate value of any items you believe to be particularly valuable)

Mostly we just have a house full of the usual kinds of things.But, Carl does have a stamp collection that I think is worth a lot of money.He has had it since he was a boy, and he keeps adding to it.He buys lots of new stamps, and his family and friends give them to him as presents.A friend of mine who also has a stamp collection thinks Carl's is worth about $20,000.He also has a motorboat that he bought from a friend for about $5,000 and lots of fishing gear that he spends lots of money on.

Also, I am really into antiques - I pick stuff up at yard sales, and I inherited a bunch of stuff when my aunt died - a lot of it is junk, but I think some may be worth something, but I don't know, except I did have one vase appraised and it's worth about $3,000, but I don't think anything else is worth that much.

Debts:

Please list each credit card that you and/your spouse have, including the name(s) on the account and how much is currently due on the account:

MasterCard in both names.We owe about $3,000.

Mobilin Carl's name.No idea.

Target in both names.We owe about $800.00

Please provide information about any other debt that you and/or your spouse have incurred that is not already listed above.For each, identify the nature of the debt; in whose name the loan was incurred; how much is owed and the monthly payments:

Nothing else that I know of, but I wouldn't be surprised if he had another credit card that he has used to buy presents for his girlfriend, so I wouldn't know anything about it.

Hi:

Here are my answers to the most important questions that my husband is asking me.I am still working on the others, will get them to you soon.Thanks.

Maria

2.Are you currently employed?If so, provide the following:

a.name and address of employer;

b.number of hours you work on a weekly basis;

c.position and responsibilities;

d.start date;

e.weekly gross income;

f.workplace benefits, including but not limited to: health and life insurance, disability benefits, stock options, and retirement plan.

Answer:No. I am not currently employed outside of the home.My time is instead devoted to maintaining our home and caring for our children to the best of my ability.This is a fulltime commitment.

5.Describe in detail all current sources of income.

Answer:How could I have any income if I don't have a job.This is a ridiculous question - my husband knows that I don't make any money because I am stuck at home all the day because of his crazy childhood that somehow he is blaming on me or something like that.If he had let me go to school, I would have been making good money and could afford to wear nice clothes and hang out at a fancy gym like what's her name.

So, ask him about my current sources of income as he is the one that controls all the money.He is pretty good about giving me money for household expenses, but if I want anything I feel like I have to beg with him for it.I am really sick of this.I am a smart competent woman, but he has made me feel like an idiot who cannot perform anything.

13.If you have been seen, tested, evaluated, or treated by any professional person such as a psychiatrist, psychologist, sociologist, social worker, family counselor, or other professional, during the course of the marriage, identify the professional by name, address and area of practice, state the date of each contact with the professional, explain the purpose of each contact, and indicate whether the contacts are continuing.

Answer:I am seeing a therapist, but it is all Carl's fault.Once I was a happy normal person with dreams, but he has taken them away from me.I think he is the one who should see a therapist to help him get over his anger from his messed up child hood.That isn't my responsibility and he needs to figure this out.Just because his dad died and his mom had to work so many hours doesn't mean that our kids would have felt so neglected, that was then this is now and he can't separate the two. Isn't that what therapy is all about.

In fact, I think the judge should order him to get help - how messed up is it that he is now cheating on me with someone who has a fancy job and designer clothes and he now thinks she's a better role model than me for our kids.I am a good role model and I would have been a great one.Maybe a shrink would help you see now you have wrecked my life and the life of our children.

11.Describe in detail the parenting responsibilities that each parent assumed during the marriage.

Answer: This is pretty easy.I have basically done everything and you have not done anything.Although you are a decent father when you are around, you are hardly ever home.I have been the one who has done everything for them.I don't even think you know who their teachers are or what their favorite foods are.The children are my life, and I damn well don't want your highbrow girlfriend taking care of them. Just because she has a high power job - something I should have - doesn't mean that she will be a better role model for them than I am.They know and love me.You can see them.I don't have any problem with that, but I don't want them hanging out with her, so you better figure out what to do.I will fight forever for my children.

12. Set out the physical and legal custody arrangements that you believe are in the best interest of the children, and explain why you believe this arrangement to be in their best interest.

Answer:Again, this is pretty easy.I want sole custody of the kids.This is basically how it has been during our marriage and if you think you can walk away and suddenly think you can decide that you are a great dad who is involved and responsible you need to wake up.I don't want to take the kids away from you - that would be wrong, but that doesn't mean that you are going to share custody with me. It is too late for that, you should have thought about this before you moved in with what's her name.She probably is the one who wants to raise the kids - are you going to make her quit her job and stay home like you did with me.So, if you want some time with the kids on the weekend and you want to have dinner with them during the week, that is fine with me, but that is about it, although I probably will have to let you need to see them on some holidays, but no way is she going to spend holidays with my kids and leave me sitting at home staring at a tree or eating turkey by myself.It is best for our kids to be with me, just like they have always been.

IN THE COURT OF ANYTOWN, U.S.A

Maria Cantares, Plaintiff

v.INTERROGATORIES PROPOUNDED BY THE DEFENDANT TO BE ANSWERED UNDER OATH BY PLAINTIFF

Carl Ogden, Defendant

Defendant requests that the Plaintiff answer the following interrogatories under oath and in the form and in the manner prescribed by law.

1.State your current address and the names and ages of all persons residing with you.

2.Are you currently employed?If so, provide the following:

a.name and address of employer;

b.number of hours you work on a weekly basis;

c.position and responsibilities;

d.start date;

e.weekly gross income;

f.workplace benefits, including but not limited to: health and life insurance, disability benefits, stock options, and retirement plan.

3.For each position you have held since the date of your marriage, please provide the following information:

a.name and address of employer;

b.position and responsibilities;

c.start and end dates of employment;

d.annual gross income.

4.Describe your educational background, including the names and addresses of all institutions that you have attended, the dates of attendance, and a description of the degrees or certificates that you have obtained.

5.Describe in detail all current sources of income.

6.List all household goods, furnishings and personal effects in your possession and state your opinion as to the fair market value of each item.

7.Provide the make, model, year and fair market value of any automobiles that you own or use on a regular basis.If encumbered, provide the name of the creditor, the original amount of the loan, the monthly payment, and the amount that remains due.

8.Identify any property held by a third party in which you have an interest or over which you have any control including: the name of the person holding the asset, the precise nature of your interest in the asset, and your opinion as to each assets fair market value.

9.Identify any person, corporation, partnership, or entity of any nature that owes you any money.For each debtor, set out the nature of the debt, when it was occurred, the original amount of the loan, the amount currently due, and the terms of repayment.

10.List all checking, savings account and money market accounts, certificate of deposit, trust certificate, and any other account in your name, or with any other party, and state the balances in each accounts as of the date of answering these interrogatories.

11.Describe in detail the parenting responsibilities that each parent assumed during the marriage.

12. Set out the physical and legal custody arrangements that you believe are in the best interest of the children, and explain why you believe this arrangement to be in their best interest.

13.If you have been seen, tested, evaluated, or treated by any professional person such as a psychiatrist, psychologist, sociologist, social worker, family counselor, or other professional, during the course of the marriage, identify the professional by name, address and area of practice, state the date of each contact with the professional, explain the purpose of each contact, and indicate whether the contacts are continuing.

14.Set out in detail your daily routine during the weekdays on an hour-by-hour basis starting with when you wake up until you go to bed at night.

Respectfully Submitted,

Carl Ogden

By his Attorney

_______________________

Macey Flores

Flores & Greene

100 Smith Lane

Anytown, U.S. A.

To:File

From:Marla Rosenbaum

Re:Report on the Court Hearing on our Temporary Motions

Date:June 23, 2013

Our temporary motions were heard by Judge Greene on Monday.She ordered the husband to pay temporary child support as calculated under the guidelines.She also ordered the husband to pay $100.00 per week in temporary spousal support. He was extremely upset about this, and vowed that he is going to fight Maria tooth and nail on this issue.As presented by Maria in the intake interviews, it is very clear that the parties have totally different views of why Maria didn't enroll in nursing school.This is definitely a very volatile issue.

With regard to temporary custody, although the judge did grant our motion, Maria is very unhappy with the fact that the judge is allowing the husband to have overnight visitation on alternate weekends.What became increasingly clear in court is that she wants the children to be exposed to Miranda as little as possible, and that when faced with the reality of her children spending time in Carl and Miranda's house, her initial expression of openness regarding visitation seems to have vanished.

So, it also looks as if visitation may likewise become hotly contested.Going back to the initial intake interview, I think that she is reacting to Carl's comments about Miranda being a better role model, especially for Violet, so she is afraid he is going to demand more time with the children that she originally anticipated he would.

To:File

From:Marla Rosenbaum

Re:Tentative Resolution of Custody and Visitation Issues

Date:September 23, 2013

Following a four way settlement conference, we worked out a preliminary resolution of the custody and visitation issues in the case.However, the parties agree that until such time as all outstanding issues are resolved and reduced to writing, this agreement is not binding, and may be repudiated by either side.Nonetheless, everyone is optimistic that the other pieces will fall into place, and that we will not need to revisit the custody and visitation issues.

Here is what was agreed upon:

1.The mother is to have physical custody of the children.

2.The parties will have joint legal custody - we agreed to include a provision in the agreement detailing what are to be considered "major" decisions that must be agreed upon by both parties.

3.At the present time, the father will not have the children overnight; however, the mother agrees that this issue will be revisited in a year after the divorce is final.

4.His visitation will consist of one evening during the week - on that day, the father will leave work at 2:00 in order to pick up the children.He will feed them dinner and return them to the mother's house by 7:00 p.m.

5.The father will have the children every Sunday - he will pick them up from the mother's at 8:00 a.m. and return them at 6:00 p.m.; if the mother's birthday is on a Sunday, he will take them on Saturday instead.

6.In terms of holidays, the parties will alternate Thanksgiving and Christmas -- the parent who doesn't have the children on Christmas will have them on Christmas Eve.

7.The mother agrees that if the father wants to spend time with the children on other holidays he may do so and the father agrees that if the mother would like him to take the children an additional time during the week so she doesn't have to hire a babysitter, he will try and accommodate her request.

8.The father agrees that he will be present during all times that the children are to be with him (*note:this is a bit of a sticky point - Maria insists that the children not be left with Miranda and wanted really strong language in the agreement about this - she actually initially didn't want her to be present.I am hoping things don't blow up over this - and not quite sure how best to draft this provision).

9.The father will be responsible for dropping off and picking up the children.

10.In terms of vacations, this is another sticky point, since the father does not presently have overnight visitation - for now, I think we are agreed on him being able to take the children every day for a week during the summer - but it is possible that he will end up insisting on overnights during vacation - but for now, we have a tentative agreement.

11.We agreed to some kind of typical clause about parental cooperation and mutual commitments not to alienate the children from either parent.

DRAFT A NO FAULT DIVORCE COMPLAINT FOR NEW JERSEY