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Using the scenario below, in conjunction with the information that you have previously been provided about David and Patty Bean, draft a divorce decree, which is the final judgment of the court and dissolves the marriage and all outstanding issues of the marriage, including property and debt division, child custody and support, alimony/spousal support, and other miscellaneous issues. In this scenario, Patty filed divorce. Therefore, Patty is the plaintiff and David is the defendant. In some jurisdictions, the plaintiff is called the petitioner and the defendant may be referred to as the respondent. Additionally, a divorce decree may be referred to as a judgment of divorce. Remember, your textbook can be a great resource for your Assignment.

Fact Scenario

After years of marital problems, Patty filed for divorce from David. Patty (38 years old) and David (40 years old) have separated and are residing in different homes. Patty resides in the marital home at 123 W. Golf Road, Boston, Massachusetts 12345. David resides at 456 E. Lark St., Boston, Massachusetts 12345. The couple has two children: David, Jr., 8 years old and Patricia, 5 years old. David has a successful career as an architect making $125,000 per year.

Patty currently resides in the marital home with the children, and David lives in his parent’s home. Patty has accepted a job offer to be a principal at a local high school in Westerly, Rhode Island. Her salary will be $75,000 per year and she will receive benefits that include a pension plan, short- and long-term disability, and medical and dental insurance for her and her family. She will need to certify as a teacher in the state of Rhode Island, but she can prepare for certification examination as she settles into her new role as a principal. Westerly is over 100 miles away from Boston. David fears that this distance would not benefit the children’s relationship with both parents. David 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.

Instructions

  • Using the sample in Chapter 19 as a guide, draft a divorce decree (also called a judgment of divorce), which details the above facts. The terms of the decree 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 decree should address and resolve all issues of the marriage, including custody, alimony, child support, debts, property, and miscellaneous issues, such as life and health insurance, relocation, payment of attorney fees, etc.
  • Be sure to include the following portions of the decree based on Massachusetts 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) child 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 upload the Assignment into the applicable Dropbox. If you experience any difficulties with the Dropbox, please email your Assignment to the instructor before the deadline and contact student tech support as well. Remember, Chapter 19 of your textbook has a sample for this Assignment.

In addition to fulfilling the specifics of the Assignment, a successful divorce decree must also meet the following criteria:

  • Viewpoint and purpose should be clearly established and sustained
  • Assignment should follow the conventions of Standard American 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
  • Appropriate citation style should be followed

link to the book

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