Interoffice Legal Memorandum Paper
Interoffice Legal Memorandum
To: Supervising Attorney
From:
Date: November 8, 2007
Subject: Jane Smith
Statement of Assignment You have asked me to research the likelihood of obtaining spousal support for Mrs. Smith given her 10 year marital status and eight year non-marital (cohabitation) status with her current husband.
Issue statement Can the court take into consideration our client, Jane Smith’s cohabitated years with her current husband between their two marriages to each other? Can the client, Jane Smith, sustain a claim for spousal support where she was married to Sam Smith for ten years, divorced, and is currently remarried to him for an additional four years?
Statement of facts Jane Smith married Sam Smith on April 23, 1985. However, after 10 years of marriage Sam Smith decided to file for divorce. The marriage was dissolved on June 14, 1995. No spousal support was awarded, as Jane Smith was employed full time. Jane Smith was awarded full custody of their son. Shortly after the divorce, Sam moved back into the house with Jane where they cohabitated for about eight years until July 8, 2003, when they re-married. Jane quit working when …show more content…
In light of holdings and propositions coming out of Chapman v. Chapman, (1987) 191 Cal. App.3d 1308, 237 Cal.Rptr.84 and Bukaty v. Bukaty, (1986) 180 Cal.App.3d 143, 225 Cal.Rptr. 492, it is likely that a court may consider, among other things, our clients initial marriage and timeframe between the second marriage in determining the spousal support award. However, it is unlikely that the court will consider the duration of our client’s cohabitation with her current spouse as the Family Law Act does not apply to non-marital relationships. Bukaty suggests that for these years, a Marvin type action would need to be filed in civil court to seek a
To: Supervising Attorney
From:
Date: November 8, 2007
Subject: Jane Smith
Statement of Assignment You have asked me to research the likelihood of obtaining spousal support for Mrs. Smith given her 10 year marital status and eight year non-marital (cohabitation) status with her current husband.
Issue statement Can the court take into consideration our client, Jane Smith’s cohabitated years with her current husband between their two marriages to each other? Can the client, Jane Smith, sustain a claim for spousal support where she was married to Sam Smith for ten years, divorced, and is currently remarried to him for an additional four years?
Statement of facts Jane Smith married Sam Smith on April 23, 1985. However, after 10 years of marriage Sam Smith decided to file for divorce. The marriage was dissolved on June 14, 1995. No spousal support was awarded, as Jane Smith was employed full time. Jane Smith was awarded full custody of their son. Shortly after the divorce, Sam moved back into the house with Jane where they cohabitated for about eight years until July 8, 2003, when they re-married. Jane quit working when …show more content…
In light of holdings and propositions coming out of Chapman v. Chapman, (1987) 191 Cal. App.3d 1308, 237 Cal.Rptr.84 and Bukaty v. Bukaty, (1986) 180 Cal.App.3d 143, 225 Cal.Rptr. 492, it is likely that a court may consider, among other things, our clients initial marriage and timeframe between the second marriage in determining the spousal support award. However, it is unlikely that the court will consider the duration of our client’s cohabitation with her current spouse as the Family Law Act does not apply to non-marital relationships. Bukaty suggests that for these years, a Marvin type action would need to be filed in civil court to seek a