Question 1

You are at a family gathering celebrating Thanksgiving in November 2030. You graduated and have been working as a family law paralegal for the past 10 years. You have assisted the lawyers you work with help clients during hard times get a divorce, have property division hearings, custody hearings, and assisted victims of domestic violence get PFA's. In happier matters, you have helped families adopt children. Your uncle is proud of all you have accomplished in your career and knows that you work for a well-respected lawyer. He approaches you after dinner and asks you for advice about how to file for divorce and property division. He tells you that he and his wife (your aunt) have been married for 30 years. He has always been the primary wage earner while your aunt was a stay at home mother but currently works part time. Your uncle wants your advice about whether you think, based on your experience, the Court will award him more than 50% of the assets. He also wants to know if you think the Court will order him to pay alimony.How would you respond to your Uncle?Would you provide the legal advice he is asking for? Why or why not?

Question 2

Same facts as above except that your boss, Tonya Banks, Esq, has asked you to draft a letter to your uncle to answer his questions.After you draft the letter, Ms. Banks will sign the letter before it is sent out. How would you respond to your Uncle? What factors would the Delaware Judge use to determine how the property is divided? How would the Court decide if alimony would be awarded to your Aunt?

Question 3

Same facts as above in addition to the following facts. Your Aunt and Uncle adopted another family member's child 5 years ago. That child is now 8 years old. Uncle asks Ms. Banks if he was, on his own, terminate his parental rights in Child. Uncle also asks if he can avoid paying child support since he did not want to adopt this child (but did at Aunt's request). Ms. Banks asks you to draft a response to Uncle for her review. How would you respond? Explain your answer fully