Hello writer, This is a two part assignment. I would like for you to draft a compliant for Divorce which is Part 1 and for Part 2 draft a set of Interrogatories. The instructions for drafting the compliant divorce is provided below. You will have to read the facts provided after the instructions to draft the compliant for divorce.
Instructions for the compliant for Divorce:
Draft a Complaint for Divorce based on the fact pattern given in this assignment. In addition, there are other sources for model pleadings available in law libraries. You may wish to look at more than one form if you are unaccustomed to drafting legal pleadings. Model forms give you an outline to follow, but you must be aware of the necessary elements to be included in the allegations, and you must decide what relief you are seeking in the complaint. The draft divorce compliant must include the following: caption, divorce grounds, factual allegations, allegations re: children and the wherefore clause. Make sure to include all appropriate grounds for divorce. You must base your complaint on Maryland law jurisdiction. Please provide a copy of the applicable statute and send it with this assignment.
The following suggestions may be of assistance:
1. The caption: The case number is always left blank on the original pleading in the case. When it is filed, the Clerk of the Court will assign a number. All future pleadings must have the same case number.
2. Date of marriage: Use the month and day as well as the year. The complaint should also provide the city and state where the marriage took place, and whether it was a religious or civil ceremony.
3. Children: The court can only grant custody of minors, or children under the age of 18. Although it is proper to give the names and birth dates of all children of the marriage, the reference to an award of custody is limited to minors. Likewise, the court can award child support or the use and possession of the family home for the benefit of the minor children. The person seeking custody should state that she or he is the fit and proper person to have custody of the minor children.
4. Grounds for divorce: Maryland rules of procedure allow a party to plead alternative grounds. However, you cannot allege every ground for divorce regardless of whether there is a basis for the allegations. There must be a factual basis to allege the cause of action or grounds for divorce. The grounds must exist when the complaint for divorce is filed.
5. The body of the complaint must allege all necessary facts on which to base the relief prayed for in the complaint. If you are asking for child support, alimony, adjudication of marital property (such as judicial sale or use and possession of the family home), there must be a factual allegation, such as that support is needed and that the defendant has the ability to pay, or that the property exists and needs to be adjudicated. Because you will not study in detail all the different categories of relief that can be awarded by the court, you will not be expected to know the various property relief that could be included.
6. Prayer for relief: This should not be the Plaintiff’s wish list. Some attorneys subscribe to the theory that there is no harm in asking for relief that is beyond the court’s ability to provide, but under the >Maryland rules of civil procedure, a party may be held responsible for the opposing side’s legal fees for filing a frivolous action. Furthermore, asking for relief beyond the court’s ability to provide suggests to the court that the attorney does not know the law. Doing so can also raise the client’s expectations and can result in dissatisfaction when the results do not reflect the relief prayed for.
7. Signatures: Maryland rules require that the parties must personally sign all complaints and answers in a divorce action. They do not have to sign pleadings other than a complaint and answer. It is the better practice to include an attestation clause that the party is signing the pleading under oath or penalty of perjury. It is also required that an attorney filing a pleading on behalf of the client also sign the pleading, which further attests that the action is meritorious. Attorneys must include their address and telephone numbers on each pleading.
8. Where you need to make up certain minor facts, such as the parties addresses, you may do so. But you cannot alter or add to the facts otherwise given.
Facts: Tracy Green, the plaintiff in a contested divorce case, has contacted your law firm. The following facts were obtained during an interview with Ms. Green.
• Ms. Green married Brian Green on March 22, 2000. They have three children: Michael, whose birthday is April 2, 2002; Stacy, whose birthday is June 15, 2004; and Malcolm, whose birthday is September 28, 2007.
• Early on in the marriage, Ms. Green suspected that her husband was committing adultery. He often told her that he had to go on business trips during the weekends and that he had to work on holidays. When confronted with Ms. Green’s suspicions that he was having an affair, Mr. Green denied having any affairs. On July 4, 2011, Mr. Green told his wife that he could not attend the fireworks at the local park with her and the children because he had to meet a client to discuss a new business venture. Coming home from the park, Ms. Green saw her husband strolling down the street holding hands with a woman. The man she saw was a block away from where she was standing but she was positive he was her husband. That evening, Mr. Green did not return home until 5 a.m. When he came home, he found all of his belongings on the sidewalk and a note telling him the marriage was over.
• Since the separation, Mr. Green’s visits with his children have been sporadic. Mr. Green has told his wife that he wanted to see the children on a consistent basic but work assignments have prevented him from visiting the children as often as he hoped. Ms. Green suspects that her husband is not seeing the children due to a new love interest and not because he is working out of town.
• Mr. Green is an environmental consultant and he currently earns $48,000 a year. Ms. Green is a paralegal, working for the government. Last year she earned $32,000.
• Mr. Green has not paid child support since the separation. He buys the children expensive presents on their birthday and at Christmas but does not buy them any other presents during the year.
• During the marriage, the parties accumulated substantial property. Ms. Green has in her possession a 2006 Ford Bronco. Mr. Green has a 2007 Toyota Corolla. The vehicles are titled in both names. In addition, the parties acquired antiques, stereo, computer, washer and dryer, canoe, and other marital property.
• Ms. Green and the children are residing in the marital home. Ms. Green has made all the mortgage payments on the home since the parties separated.
Ms. Green is seeking a divorce, custody, child support, use of her former name (which is Brown), use and possession of the family home, and the family use personal property. She is also seeking attorney’s fees. Please draft a Complaint for Divorce based on these facts and include the prayers for relief stated above. Make sure to include all appropriate grounds for divorce. You must base your complaint on Maryland law jurisdiction. Please provide a copy of the applicable statute and include it with this assignment.
(Part 2): Interrogatories instructions are provided below. Please follow all instructions provided below when drafting the interrogatories.
Writer, you represent Ms. Green in her divorce action. Draft a set of interrogatories to Mr. Green.
Interrogatories are written questions submitted by one party to the opposing party and answered by that party under oath. Interrogatories provide an inexpensive way of obtaining information from the opposing party.
In drafting interrogatories, the drafter must be aware of any limitations on the number of questions that can be asked. In some jurisdictions, courts limit the number of questions to 15. In Maryland, and for this assignment, you will be allowed to submit 30 questions. First determine what information is needed from Mr. Green. What are Ms. Green’s goals? What information and documents would help her prove that her husband has committed adultery and that it is not in the children’s best interest to reside with him? Make sure when you draft the interrogatories that you do the following: address questions regarding grounds for divorce, address questions regarding the children, address questions re: allegations raised by client, and you address financial and other questions.
