PLEASE PROVIDE A NO-FAULT DIVORCE COMPLAINT:

Using the information on the intake forms and client interview, what is a no-fault divorce complaint for this case

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

EXAMPLE OF A NO-FAULT DIVORCE COMPLAINT FOR THE CASE ABOVE