Draft a Divorce Complaint
Draft a Divorce Complaint
Course Outcome addressed in this assignment:
PA250-4: Draft a Petition for Divorce.
Instructions from your Supervising Attorney, Del Ivery:
Using the fact scenario below about Jett Obeejebos and Heather Awezon, draft a divorce complaint. You are to use California law. Make sure you indicate support, custody, and visitation within it and any property rights as well as any health insurance provisions. Note, the couple has agreed to waive any spousal support since both have great income. The length should be at least 2 pages. Be sure to read the fact scenario as well as assignment instructions thoroughly before beginning your assignment.
In this scenario, Jett wants to file for divorce. Therefore, Jett is the plaintiff, and Harper is the defendant. In some jurisdictions, the plaintiff is called the petitioner and the defendant may be referred to as the respondent. Remember, your textbook can be a great resource for your assignment.
Fact Scenario
The couple eloped and got married in Billyonaire, California 6 months ago from the date of your preparation of the complaint.
After a few short months and a suspected affair on Harper’s part, Jett filed for divorce from Harper in California. Jett (40 years old) and Harper (38 years old) have separated and are residing in different homes. Jett resides in the marital home at 1111 Money Tree Lane, San Medina, California 93400 with the couple’s Labrachon. Harper resides at her parent’s home, located at 5555 Richone Ave, San Medina, California 93400. Note, the couple were renting their marital home. The couple have one Labrachon, an unaltered female named Express who is 6 months old.
Jett has a successful career as a private pilot and author making $145,000 per year.
Harper’s income has exceeded $1.2M in the 6 short months of the couple’s marriage.
Jett has accepted a job offer to be a private pilot for Phil Bates, a biotechnical genius who has found the secret to longevity in Seattle, Washington. His new salary will be $175,000 per year, and he will receive benefits that include a pension plan, short- and long-term disability, and medical and dental insurance for him and his family. Seattle, Washington, is about 150 miles away from San Medina, California. His new job allows him to take Express with him wherever he goes.
Jett would like pet support for Express to cover the cost of paying Chef Gigi’s annual salary of $42,000 for her dog food preparation service. Also, as part of pet support, Jett would like half of the cost of Express’s monthly dog food bill of $550 and half of the amount for Express’s annual veterinary pet insurance of $600, along with half of the costs for any vet bills that may arise.
Jett will not need personal health insurance nor any support from Harper. He is confident Harper will not need either as well, since she earns nearly 10 times more income than he does. Also note that the couple does not have any life insurance policies.
Jett wants legal and physical custody of Express, as he feels he can give Express more attention than Harper, since she is so busy with her AweMyPet business as well as remaining as a financial advisor for some of her private clients. Further, Jett will have Express with him 24/7, as he is able to take her to work with him at his new job.
Harper fears that this distance would not benefit Express’s relationship with both her and Jett. Harper filed a motion for custody during the pendency of the divorce proceedings, but the issue was not addressed at the time — it was preserved to be discussed at the final divorce hearing.
Your supervising attorney, Del Ivery, has also left you a sticky note with the following on it:
Some of my own research has shown that the courts are now treating pets like family members versus treating them as personal property. Further, courts are awarding shared custody, visitation, and alimony payments to owners.
You seem to have an opportunity to be creative in your complaint, as the courts are open-minded in this relatively new area, with pet custody laws being at an all-time high.
Important Note:
The sample complaint in your text is to be used only as a guideline, as it is an example of a divorce complaint in New York, and you are preparing a complaint using California law.
Instructions
Using the sample in Chapter 14 as a guide, draft a complaint for divorce that details the above facts. Note that the clauses of the complaint should be consistent with the factual scenario. Please do not add any facts. You should use the facts presented to inform the terms of the judgment. The complaint should address and resolve all issues of the marriage, including custody, alimony, support, debts, property, and miscellaneous issues, such as life and health insurance, relocation, payment of attorney fees, etc. Please reread the bulleted list above to make sure you know which provisions you will be placing in your complaint.
You may also research and use as a guideline California form FL100 for filing for divorce.
Be sure to include the following portions of the decree based on California law: (1) Custody (physical and legal), visitation (parenting time), and all issues incidental and necessary; (2) property rights; (3) insurance provisions (health and life); (4) pet support; (5) spousal support; (6) which provisions of the decree survive and which terms merge; and (7) miscellaneous issues incidental and necessary to the decree. Of course, the standard caption and introductory paragraph and signature line for the judge should also be included.
After you have reviewed, proofread, and corrected your assignment, please submit the assignment to the Unit 8 Assignment Dropbox. Remember, Chapter 14 of your textbook has a sample for this assignment.
In addition to fulfilling the specifics of the assignment, a successful divorce complaint must also meet the following criteria:
Viewpoint and purpose should be clearly established and sustained.
Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical, and unified, as well as original and insightful.
Your work should display superior content, organization, style, and mechanics.
Provide an APA-formatted title page.
Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right click. A vertical dropdown menu will appear. Click on Remove Hyperlink.
Avoid the use of first person (I, me or my).
Use bolded headings to differentiate topic areas if and where needed.
Provide an APA-formatted reference page.
Your reference page should be separate from the body of your submission.
Provide in-text citations if appropriate for the document being prepared. If in-text citations are appropriate and a reference is listed in your reference page, make sure make sure a corresponding in-text citation is included in your decree.
Provide hanging indents where needed.
In general (with the exception of filling in blanks of forms), double space throughout your submission, including throughout your reference page. Note: This includes between your references.
Use Times New Roman size 12 font.
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