Shareware Overload Trio 2/Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO/dir33/lawfirm.zip/MSAHLP

Text File | 1990-08-15 | 20KB | 435 lines

Question 1.
This program is designed to write a Marital Settlement Agreement.
It is intended primarily for a married couple who is contemplating
the end of their marriage and wish to have an idea of the rights
that they or their spouse will have concerning the children,
support and property.  It is not all inclusive and although it will
give the user an excellent idea on the questions that have to be
answered in a divorce, it will not replace a competent lawyer
versed in the divorce laws of your state.
Question 2.
Both parties to the Agreement need to be named.  This question
allows you to name the Husband.
Question 3.
Here, you can name the Wife.
Question 4.
It is often helpful to designate where the Agreement will be
signed.  Specifying the town or city is important in terms of
execution of the Agreement.
Question 5.
It is important to specify the correct State or Territory where the
parties live when they sign this Agreement. Note that you should
sign the Agreement where you live so that the right laws will
pertain to your divorce.
Question 6.
It is necessary to designate the date of the marriage.
Question 7.
A proper Marital Settlement Agreement, as noted above, will specify
child visitation, child custody rights and child support.
Obviously therefore it is important to designate the children, if
any, of the marriage.  Properly adopted children are considered to
be the same as natural children for all legal purposes, and
therefore for the purposes discussed herein.
Question 8.
You now have the opportunity to name the child: for example, "Joey
Landon, born 3/10/84."  The program gives you the opportunity to
name as many children as you have.
Question 9.
Here you can specify if you have another child.
Question 10.
You now have the opportunity to name the child.  The program gives
you the opportunity to name as many children as you have.
Question 11.
Here you can specify if you have another child.
Question 12.
You now have the opportunity to name the child.  The program gives
you the opportunity to name as many children as you have.
Question 13.
Here you can specify if you have another child.
Question 14.
You now have the opportunity to name the child.  The program gives
you the opportunity to name as many children as you have.
Question 15.
Here you can specify if you have other children.  You should name
the rest of your children here.
Question 16.
You now have the opportunity to name any other children that you
have.  Please place commas between their names, for example,
"Shannon Holt, Lindsey Holt, and Alex Holt."
Question 17.
Please indicate what date the parties have physically separated.
If you haven't actually moved into different residences, you can
use almost any appropriate date.
Question 18.
It is important to designate if an action in court has been
started.
Question 19.
In order to properly execute the document it is important to
specify the name of the county or parish, if any.
Question 20.
If an action is already pending in a court, you need to specify the
case number of that action.
Question 21.
A common way of separating property is to sell it and divide up the
proceeds.  This is often done with the residence that the parties
own together, if any, and with other valuable real estate.  You
don't have to sell the property to divide it, but sometimes it
makes things easier.
Question 22.
Here, you can specify what property is to be sold.
Question 23.
Here, you can specify what property is to be sold.
Question 24.
Here, you can specify what property is to be sold.
Question 25.
Here, you can specify what property is to be sold.
Question 26.
Here, you can specify what property is to be sold.
Question 27.
Here, you can specify what property is to be sold.
Question 28.
Here, you can specify the rest of the property that is to be sold.
Question 29.
You need to designate the property that each spouse is to get when
it is divided up.  Generally, if all of the property was acquired
together during the marriage, including earnings and income from an
occupation or job, then it belongs equally to both parties of the
marriage (except for certain gifts, inheritances and the like).
Even where property is only in the name of one of the spouses, the
other might have an interest in it pursuant to the laws of the
state where you live.  On the other hand, property that you owned
before the marriage and that has been kept separate is considered
to be your property: it needn't be divided between you and your
spouse.
Question 30.
The program will now allow you to designate the property that the
Wife will get.
Question 31.
You can now designate the property items that are to be divided up.
Question 32.
You can now designate the property items that are to be divided up.
Question 33.
You can now designate the property items that are to be divided up.
Question 34.
You can now designate the property items that are to be divided up.
Question 35.
You can now designate the property items that are to be divided up.
Question 36.
You can now designate the property items that are to be divided up.
Question 37.
You can now designate the property items that are to be divided up.
Question 38.
You can now designate the property items that are to be divided up.
Question 39.
You can now designate the property items that are to be divided up.
Question 40.
You can now designate the property items that are to be divided up.
Question 41.
You need to designate the property that each spouse is to get when
it is divided up.  Generally, if all of the property was acquired
together during the marriage, including earnings and income from an
occupation or job, then it belongs equally to both parties of the
marriage (except for certain gifts, inheritances and the like).
Even where property is only in the name of one of the spouses, the
other might have an interest in it pursuant to the laws of the
state where you live.  On the other hand, property that you owned
before the marriage and that has been kept separate is considered
to be your property: it needn't be divided between you and your
spouse.
Question 42.
The program will now allow you to designate the property that the
Husband will get.
Question 43.
You can now designate the property items that are to be divided up.
Question 44.
You can now designate the property items that are to be divided up.
Question 45.
You can now designate the property items that are to be divided up.
Question 46.
You can now designate the property items that are to be divided up.
Question 47.
You can now designate the property items that are to be divided up.
Question 48.
You can now designate the property items that are to be divided up.
Question 49.
You can now designate the property items that are to be divided up.
Question 50.
You can now designate the property items that are to be divided up.
Question 51.
You can now designate the property items that are to be divided up.
Question 52.
You can now designate the property items that are to be divided up.
Question 53.
An interest in a retirement or pension plan is often property that
is considered to belong to both spouses, particularly where the
interest, or part of it, was acquired during the marriage.
Question 54.
Where the Husband has a retirement or pension plan the Wife is
often entitled to receive a share of it.
Question 55.
Where the Wife has a retirement or pension plan the Husband is
often entitled to receive a share of it.
Question 56.
Both parties may waive their rights in the other's retirement or
pension plan.
Question 57.
There are often debts owed by the parties to a marriage at the time
of a divorce.  These obligations can be handled in two ways:
dividing them so that each Party is responsible for certain of the
debts or paying them out of any available cash or out of the
proceeds received from the sale of property.  This question
specifies the latter of the two ways.
Question 58.
Assuming that you are going to pay debts out of the joint funds of
the parties, you can now designate which debts will be paid that
way.
Question 59.
Assuming that you are going to pay debts out of the joint funds of
the parties, you can now designate which debts will be paid that
way.
Question 60.
Assuming that you are going to pay debts out of the joint funds of
the parties, you can now designate which debts will be paid that
way.
Question 61.
If the parties are each going to be responsible for certain debts,
then those debts need to be specified.
Question 62.
You can now designate the debts that each party is going to be
responsible for.
Question 63.
You can now designate the debts that each party is going to be
responsible for.
Question 64.
You can now designate the debts that each party is going to be
responsible for.
Question 65.
You can now designate the debts that each party is going to be
responsible for.
Question 66.
You can now designate the debts that each party is going to be
responsible for.
Question 67.
You can now designate the debts that each party is going to be
responsible for.
Question 68.
You can now designate the debts that each party is going to be
responsible for.
Question 69.
If the parties are each going to be responsible for certain debts,
then those debts need to be specified.
Question 70.
You can now designate the debts that each party is going to be
responsible for.
Question 71.
You can now designate the debts that each party is going to be
responsible for.
Question 72.
You can now designate the debts that each party is going to be
responsible for.
Question 73.
You can now designate the debts that each party is going to be
responsible for.
Question 74.
You can now designate the debts that each party is going to be
responsible for.
Question 75.
You can now designate the debts that each party is going to be
responsible for.
Question 76.
You can now designate the debts that each party is going to be
responsible for.
Question 77.
Spousal support or alimony is an important consideration at the end
of a marriage.  Generally a person is entitled to the support of
the other Party to a marriage if they have not been working outside
the home, or if, because of the marital relationship, one Party's
earning ability has increased during the marriage whereas the other
Party's earning ability has not increased.  This is often the case
where one Party has remained at home allowing the other person to
develop his or her career.Three things should be considered: the
ability of both parties to support themselves; the length of the
marriage; and the extent that both parties worked outside the home
during the marriage.
Question 78.
The amount of support that is appropriate is a complex question
depending on the factors discussed in question 77.  Generally,
support or alimony will only last until the spouse receiving
payment gets remarried or either spouse dies.  The program will
allow you to designate either a fixed sum (monthly) or a percentage
of the earnings of the spouse that is responsible for the support.
Question 79.
Where the amount of support is to be a fixed sum, that sum needs to
be specified.  Enter the fixed monthly amount that is to be listed
(i.e. $2000.00).
Question 80.
You should put a number here equal to the amount that the Husband
will pay to the Wife for each $1000 of his last year's income.
Thus, if you were to enter, $2.00 and the Husband made $30,000 last
year, he would be paying the Wife the sum of $60.00 per week.  (You
multiply the dollar amount that you enter times the Husband's
salary divided by 1000.)
Question 81.
Spousal support or alimony is an important consideration at the end
of a marriage.  Generally a person is entitled to the support of
the other Party to a marriage if they have not been working outside
the home, or if, because of the marital relationship, one Party's
earning ability has increased during the marriage whereas the other
Party's earning ability has not increased.  This is often the case
where one Party has remained at home allowing the other person to
develop his or her career.Three things should be considered: the
ability of both parties to support themselves; the length of the
marriage; and the extent that both parties worked outside the home
during the marriage.
Question 82.
The amount of support that is appropriate is a complex question
depending on the factors discussed in question 77.  Generally,
support or alimony will only last until the spouse receiving
payment gets remarried or either spouse dies.  The program will
allow you to designate either a fixed sum (monthly) or a percentage
of the earnings of the spouse that is responsible for the support.
Question 83.
Where the amount of support is to be a fixed sum, that sum needs to
be specified.  Enter the fixed monthly amount that is to be listed
(i.e. $2000.00).
Question 84.
You should put a number here equal to the amount that the Wife will
pay to the Husband for each $1000 of his last year's income.  Thus,
if you were to enter, $2.00 and the Wife made $30,000 last year,
she
would be paying the Husband the sum of $60.00 per week.  (You
multiply the dollar amount that you enter times the Wife's salary
divided by 1000.)
Question 85.
Where there are children it is important to determine which parent
is to have physical custody and which parent is to have legal
custody.  Joint physical and/or legal custody is appropriate in
many situations.  Generally physical custody refers to where the
child is going to live. Legal custody refers to legal decisions
such as medical treatment, schooling, religion, etc.  If you have
chosen one parent to have physical custody, this program will
specify that the other parent is to have "reasonable visitation"
with the child.  This constitutes seeing the child when it is
convenient for both parents that the non-custodial parent do so.
It normally includes weekends, portions of the child's vacations
from school and a lengthy visit in the summer.  If more specific
visitation is required, then it is recommended that you use the
exhibits and define carefully what that visitation is to be.
Question 86.
Here you can designate that physical custody of the children will
be joint.
Question 87.
Either parent can have physical custody.
Question 88.
Either parent can have physical custody.
Question 89.
You can designate that the legal custody of minor children will be
joint.  This can be done regardless of whether physical custody is
joint or whether it is to be solely in one or the other parent.
Question 90.
If both parents aren't to have legal custody jointly, then one or
the other should be named.
Question 91.
If both parents aren't to have legal custody jointly, then one or
the other should be named.
Question 92.
If the Wife will have physical custody of the children, it is
customary for the Husband to pay support for the children to her.
The amount of support depends on many factors including the amount
of time the Husband will visit with the children (and therefore pay
their expenses during those visits), the amount of income that each
parent is receiving, the life styles of the parents and, of course,
the number of children.  In some states there are minimum amounts
of support specified by law which need to be paid.
Question 93.
If the Husband will have physical custody of the children, it is
customary for the Wife to pay support for the children to her.  The
amount of support depends on many factors including the amount of
time the Wife will visit with the children (and therefore pay their
expenses during those visits), the amount of income that each
parent is receiving, the life styles of the parents and, of course,
the number of children.  In some states there are minimum amounts
of support specified by law which need to be paid.  Enter the fixed
monthly amount that is to be listed (i.e. $2000.00).
Question 94.
The amount of the support needs to be specified.  Enter the fixed
monthly amount that is to be listed (i.e. $2000.00).
Question 95.
Regardless of where the children are living or what support, if
any, is being paid, the medical and dental expenses for them needs
to be taken into account.  If one parent has insurance that covers
the children then they can continue to maintain that insurance so
medical and dental expenses won't be a problem.  Otherwise, one
parent or both should be designated as being primarily responsible
for these expenses.  Often it is a good idea to designate that the
parent with the insurance shall be the one responsible so that it
is incumbent upon that parent to maintain the insurance.  Here, you
can designate that these expenses will be shared.
Question 96.
If both parents aren't going to be responsible for medical and
dental expenses, then you should designate which parent will take
care of them.
Question 97.
If both parents aren't going to be responsible for medical and
dental expenses, then you should designate which parent will take
care of them.
Question 98.
Life insurance can be used to ensure that in the event of Husband's
death there are funds available to pay support for the children
(where necessary) or to pay spousal support or alimony.
Question 99.
Here, you can specify the amount of insurance that the Husband is
to purchase.  Make sure that it will be sufficient to cover those
things discussed in question 98.
Question 100.
Either the Wife or the children can be named as primary beneficiary
of the insurance.  Answer "yes" if the Wife is to be named as the
primary beneficiary. If you answer "no" so as not to name the wife
as beneficiary under the insurance, then the program will allow you
to name the children.
Question 101.
Either the Wife or the children can be named as primary beneficiary
of the insurance.  Answer "yes" to name the children as primary
beneficiary of the insurance.
Question 102.
Life insurance can be used to ensure that in the event of Wife's
death there are funds available to pay support for the children
(where necessary) or to pay spousal support or alimony.
Question 103.
Here, you can specify the amount of insurance that the Wife is to
purchase.  Make sure that it will be sufficient to cover those
things discussed in question 102.
Question 104.
Either the Husband or the children can be named as primary
beneficiary of the insurance.  Answer "yes" if the Husband is to be
named as the primary beneficiary. If you answer "no" so as not to
name the husband as beneficiary under the insurance, then the pro-
gram will allow you to name the children.
Question 105.
Either the Husband or the children can be named as primary
beneficiary of the insurance.  Answer "yes" to name the children as
primary beneficiary of the insurance.
Question 106.
There are inevitably costs and fees associated with a divorce. Some
of these are court costs and some are attorney's fees. Often one
Party can't afford to pay his or her share but the other Party can.
In that case the Party that can afford the costs or fees can be
designated to pay them.
Question 107.
Here, the Husband will pay the Wife's attorney's fees and costs.
Question 108.
Here, the Wife will pay the Husband's attorney's fees and costs.
Question 109.
Witnesses are often a good idea.  They tend to add veracity to an
agreement, and even if you are having the document notarized, it is
often helpful to have witnesses as well, particularly where the
Agreement affects some rights that either Party may have in the
estate of the other.
Further, witnesses are generally required in some states: notably
Arizona, Delaware, Georgia, Minnesota and South Carolina.  For a
further explanation of executing your agreement please see the
section in the manual on "Executing (signing) the Documents."
Question 110
Press a key and the program will prepare the text to make up your
document.