Question
Read the following scenario, then draft a clause or clauses in a Georgia Complaint for Divorce regarding the marital property owned by the parties and
Read the following scenario, then draft a clause or clauses in a Georgia Complaint for Divorce regarding the marital property owned by the parties and distributions of it. Then draft clauses regarding joint and marital debts.
Sarah Karen Allen, age 39, born April 19, 1985 and John Frank Allen, age 41, born July 3, 1982, were married on June 13, 2007 at United Temple in Bibb County, which is located in Macon, Georgia. Together they have three children; Michael Raymond Allen DOB: April 10, 2013, Kristen Marie Allen DOB: November 3, 2011 and Rachel Jennifer, DOB: July 29, 2008. Although Sarah and John have been married for approximately seventeen years, Sarah wishes to seek a divorce. Though the grounds for the divorce have to be thoroughly investigated, Sarah first tells you her problems with their marriage. She informs you that about this time five years ago, she discovered that John was having an affair with one of his colleagues at work. Sarah stayed with her husband hoping that this affair would end, which it did after a relatively short period of time. She insists that since John's affair ended their marriage has existed in name only. John seems to have lost any love and compassion for Sarah and is no longer interested in Sarah or her needs. She also tells you that she has attempted numerous times to rekindle their marriage, but she has only failed miserably. Sarah goes on to let you know that she has just recently found out that John has been having an ongoing relationship with a neighbor. When she went to John to inform him that she was filing for divorce, he didn't contest her actions and told her to go right ahead. He then stormed out of their house. Though he won't contest the divorce, Sarah is unsure of how John will react towards paying spousal support. She believes he will be more than fair with child support payments and will allow her to be the primary caretaker of the children if she gives him liberal visitation rights.
Together Sarah and John brought a home in YR-14 in a suburban neighborhood within their city limits. When they purchased the home it was appraised at $204,000, but now because of the improvements and changes that has been implemented on the property, she believes it would sell for an amount closer to $250,000. Their mortgage is held by Bank One with a remaining balance of $132,000. Along with the remaining balance on their mortgage, John and Sarah have the following debts: American Depressed$3,734; Vista$391; Elder-Wineman$402; ServantCard$542. They also have a joint savings account with deposits totaling $17,050 and a checking account with deposits totaling $5,075. The Allen's own 125 shares of Casino and Gamble common stock, 247 shares of Everyday Electric common stock and 103 shares of Jackson and Jackson common stock, all of which were acquired during their marriage.
John currently drives a year old Ford on which he owes a balance of $11,250; the car is in his name only. Sarah drives a four year old Saturn, on which she owes $5,000; her car is titled solely in her name. Through an inheritance, Sarah received a summer cottage on Lake Starville. The deed to the cottage is solely in her name. There have been no improvements made to the property since she inherited it. She also inherited several items of personal property that include an heirloom set of diamond earrings, three marquis cut diamond rings and a canary yellow diamond pendant. John is vested in a pension plan at his place of employment but she isn't certain about the current cash value. He also has an IRA account set up for Sarah and one for himself. They are each valued at $13,625. John's employer offers a benefit package that includes health insurance as well as a life insurance policy worth $250,000; Sarah is currently the beneficiary on the life insurance policy. John's health insurance policy provides coverage for his entire family. This coverage is paid for by his employer. Sarah has the option for an identical health insurance policy through her employer but at an additional cost of $187 per month. She will provide you with a total of all of the household bills and expenses. Sarah informs you that John can have a portion of their living room set, their entire bedroom set and any items in their home that he feels will help accommodate his own residence, as long as the items that he chooses doesn't deprive her and the children of the basic essentials needed in their home.
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