Scenario

You work as a paralegal at the Briggs, Bryant, and Wendell law firm. Knowing that you graduated with your degree in Paralegal Studies and have taken a course in Domestic Relations Law, your supervising attorney, Anita Bryant, has requested your assistance regarding client Mary Green, who is seeking a divorce.

Directions

Attorney Bryant has asked you to review the client's legal issues and prepare any necessary research, correspondence, and legal documents for her to review. You will be preparing a draft of the pleadings to begin the divorce as well as the components of a marital settlement agreement, including documents concerning child custody and support, health care expenses, maintenance/alimony, and the division of property.

Requirements and Formatting

Your Portfolio Project must be formatted as follows:

• APA formatting or Bluebook Citation formatting, as required
• Title Page
• Times New Roman or Arial twelve-point font
• 1-inch margins
• Page numbers in top right corner

The memo required must be drafted as a professional document, must contain citations for at least two primary legal sources and must be at least 500 words in length. It is permissible for you to use a form or template as a base for creating your pleadings, but you must note the source of your template. You may use forms from your state (Indiana) (which may be called Summons and Petition or Summons and Complaint), forms from Lexis Advance, or use the template provided. Add the pleadings to your research memo so that it is submitted as a single Word document.

Memo from: Attorney Anita Bryant

To: Paralegal Staff

RE: Our Client: Mary Green

We have a new divorce client, Mary Green. I have a two-part assignment for you on her case.

The first task is to prepare a draft of the pleadings to begin the divorce. These will be used to complete the actual electronic filing now required. Here is a summary of the necessary information:

• Mary Green resides at 10430 West Charles Avenue in Franklin, Indiana. Her date of birth is June 11, 1970. She is employed at Citizen's Bank as an Assistant Manager.
• Her husband, John Green, resides at 7932 South 92^nd Street in Franklin, Indiana. His date of birth is July 16, 1970. He is the owner of a manufacturing business, Precision Tool, Inc.
• The Greens were married in Franklin, Indiana on April 24, 2001. They have two children: Timothy, date of birth August 27, 2007, and Susan, date of birth December 29, 2010.
• Mary is not pregnant. This is the first and only action for divorce. The children currently reside with Mary and have resided there for their entire lives. The couple separated last June.
• Be sure to request the appropriate relief: a divorce, joint legal custody with placement with Mary, child support, spousal support/alimony, and a property division.

This is the second marriage for both, which leads us to the second task. The couple have a premarital agreement which states that Precision Tool, Inc., belongs solely to John Green and is not subject to division in a divorce. John owned the business before the marriage. Since their marriage, the business has expanded significantly, including a new facility which was partially financed using the couple's savings and a second mortgage on the Charles Avenue property. Mary has also provided services there such as working on financial statements and other office tasks. I would like you to research premarital agreements in our state and provide a memo to me stating what the requirements are for a valid premarital agreement in our state, both at the time the agreement is made and at the time of the divorce.

Attorney Bryant

Template we were provided:

STATE OF INDIANA CIRCUIT COURT MONROE COUNTY

FAMILY COURT BRANCH

In re the marriage of:

(Petitioner's name),

Case No.

Petitioner

-and-

(Respondent's name),

Respondent

MARITAL SETTLEMENT AGREEMENT

This agreement is between (petitioner's name), petitioner, and (respondent's name), respondent. In consideration of the mutual terms and provisions stated in this agreement, both parties agree that these terms and provisions may be incorporated by the court in the pending divorce action between the parties into the conclusions of law and judgment to be entered; however, this agreement shall independently survive any such judgment. The parties agree as follows:

I. CUSTODY AND PHYSICAL PLACEMENT

A. (Both parties) (The petitioner) (The respondent) (is) (are) fit and proper person(s) to have the (sole) (joint) legal custody of the minor child(ren). It is in the present best interests of the minor child(ren) that (both parties) (the petitioner) (the respondent) be granted (sole) (joint) legal custody of the minor child(ren) whose name(s) and date(s) of birth are as follows:

(Names of minor children)

[

B. The (petitioner) (respondent) shall be designated the primary caretaker and shall have primary physical placement of the minor child(ren) at all times and hours except the (respondent) (petitioner) shall have physical placement of the minor child(ren) at reasonable (and liberal) times on reasonable prior notice to the (petitioner) (respondent). These periods shall include the following specific (minimum) times: .

C. If any disputes arise as to custody or physical placement, either party may request the circuit court commissioner to refer the matter to the director of family court counseling services for mediation (and a legal custody and physical placement study). Both parties shall cooperate with the mediator and counseling service.

D. Both parties shall have access to the child(ren)'s medical, dental, and school records, as well as to the child(ren)'s court or treatment records and the child(ren)'s records relating to protective services.

II. A. CHILD SUPPORT

[Choose appropriate paragraph]

[ ] [Flat Amount]

1. The (respondent) (petitioner) shall pay the amount of $ per month toward the support of the minor child(ren). Such payments shall be payable at the rate of $ (weekly) (biweekly) (semimonthly) (monthly), commencing on .

[or]

[Percentage of Income]

[Choose appropriate provision]

[ ] [Monthly Income Determinative]

1. On the first day of each month, commencing with the first day of the first month immediately following the granting of the divorce, the (respondent) (petitioner) shall pay to the (petitioner) (respondent) toward the support of the minor child(ren) percent of the (respondent's) (petitioner's) gross income (including any bonus) paid during that month, said percentage to be deducted from (his) (her) income pursuant to an assignment of income, as provided in paragraph 4. The parties have stipulated to expressing child support as a percentage of the payor's income.

II. B. MAINTENANCE

[Choose appropriate paragraph]

[ ] [Denial/Waiver]

1. Maintenance to (the petitioner) (the respondent) (both parties) is permanently waived and shall be denied pursuant to statute

[or]

[ ] [Maintenance Payments]

1. The (respondent) (petitioner) shall pay the amount of $ per month as maintenance. Such payments shall be payable in the sum of $ (weekly) (biweekly) (semimonthly) (monthly), commencing on .

[or]

[ ] [Maintenance Held Open]

1. Maintenance is held open to (the petitioner) (the respondent) (both parties) for the following reasons: .

III. HEALTH-CARE EXPENSES

A. The (respondent) (petitioner) shall (maintain the minor child(ren) on (his) (her) comprehensive medical and hospitalization insurance policy) (obtain a comprehensive medical and hospitalization insurance policy), and shall maintain the same until the (youngest) child reaches the age of majority, or until the (youngest) child has reached the age of 19 so long as the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent. The (respondent) (petitioner) shall promptly make all necessary premium payments and promptly furnish the (petitioner) (respondent) with a current subscriber card evidencing the medical insurance coverage on behalf of the child(ren).

B. The parties shall split equally the liability for all hospital, medical, dental, and related expenses not covered by insurance for (each of) the minor child(ren).

VI. A. PROPERTY DIVISION

As a full, final, complete and equitable property division each party is awarded the following property:

Petitioner

[ ] Household items and personal effects in (his) (her) possession at the time of trial (specify if necessary)

[ ] Deferred compensation (specify name of pension/profit-sharing/retirement plan)

[ ] Life insurance policies in (his) (her) name, subject to the provisions of sections (insert number) of this agreement, and cash surrender values, if any

[ ] Vehicle(s)(specify year/make/model)

[ ] Cash and deposit account(s) in (his) (her) name (specify)

[ ] Stocks/bonds/securities (specify)

[ ] Business or professional interests (specify)

[ ] Miscellaneous assets (specify)

[ ] Cash settlement payment of $ #22 (on the following terms: )

[ ] Property not subject to division (specify)

Respondent

[ ] Household items and personal effects in (his) (her) possession at the time of trial (specify if necessary)

[ ] Deferred compensation (specify name of pension/profit-sharing/retirement plan)

[ ] Life insurance policies in (his) (her) name, subject to the provisions of sections (insert number) of this agreement, and cash surrender values, if any

[ ] Vehicle(s)(specify year/make/model)

[ ] Cash and deposit account(s) in (his) (her) name (specify)

[ ] Stocks/bonds/securities (specify)

[ ] Business or professional interests (specify)

[ ] Miscellaneous assets (specify)

[ ] Cash settlement payment of $ #22 (on the following terms: )

[ ] Property not subject to division (specify)

VI. C. DISPOSITION OF RESIDENCE/OTHER REAL PROPERTY

The (petitioner) (respondent) shall be awarded all right, title, and interest in the parties' residence located at , (, subject to the outstanding mortgage thereon owing to in the current approximate amount of $ )..

VIII. TAXES

A. The (petitioner) (respondent) shall have the right to claim the following child(ren) as dependents for federal and state income tax purposes provided that one or both parents fulfill the tax code requirements for claiming the dependency exemption: . The (petitioner) (respondent), who has primary placement, will sign IRS Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent for the children, , for each tax year provided all payments on behalf of the children are current as of the end of the tax year. The (petitioner) (respondent), who is the primary custodian, agrees not to claim the dependency exemptions for those tax years that either parent qualifies unless there is a modification ordered by the court or a signed, written agreement between the parties.

(Petitioner's name) Respondent's name

(Firm name) (Firm name)

Attorneys for the Petitioner Attorneys for the Respondent

By: By:

(Attorney's name) (Attorney's name)