Name:Angela Wishaar

Lesson:Family Law and Dissolution of Marriage

Source:Original Lesson Plan (some of the information and graphics from the powerpoints taken from Josh Gaul lesson)

Time:50 minutes for presentation and activity

  1. Goals:
  2. Continue introduction of Family Law
  3. Understand the law regarding dissolution of marriage, community property and custody rights
  4. Develop teamwork and cooperation

Part II: Dissolution of Marriage:

I.Objectives:

a.Knowledge:

  1. Get a basic grasp of what subjects are covered by family law
  2. Learn what issues are decided in marriage dissolutions
  3. Get a basic understanding of community property

b.Skills:

  1. Know what property rights/obligations are involved in marriages and divorces
  2. differentiate between community property and separate property

c.Attitude:

  1. understand complexity of marriage and its dissolution
  1. Materials
  2. Powerpoint presentation
  3. Paper and pen
  4. handouts
  1. Method
  2. Powerpoint and Handout Lecture on Dissolution of Marriage: (15 minutes). Topics covered:
  3. Family Law: covers domestic issues, like marriage, divorce, custody, adoption, legitimacy, etc
  4. divorce is called dissolution of marriage, governed by RCW 26.09.
  5. WA is no fault divorce state
  6. What to do? file petition, wait 90 days, then get a final dissolution decree.
  7. dissolution decree ends the marriage and decides things like what property belongs to who, child custody, spousal maintenance restraining orders.
  8. Marital Property:
  9. community property.
  10. Wa is a community property state. Each spouse has ½ interest in the property acquired by the marital community.
  11. most money coming into the marital community is community property – salaries, windfalls, rents, etc.
  12. strong presumption that most property is community.
  13. separate property: belongs to a spouse individually.
  14. property held before the marriage, property received as a gift, proceeds from separate property
  15. mixed property: property that is both separate and community. E.g.: a house bought by person before marriage, and after the marriage, payments were made with money that was community property.
  16. courts usually apportion this property.
  17. At divorce, each partner gets their separate property and ½ of the community property.
  18. however, judges do have discretion, and can give less to one spouse if it is equitable (e.g. one of the two gambled away a lot of money).
  19. Unmarried Couples:
  20. In WA have committed intimate relationships
  21. In WA have registered domestic partnerships (same sex couples and seniors), get the same rights as marriage
  22. Custody:
  23. governed by RCW 26.09.002
  24. best interest of child standard
  25. only legal parents have custody rights
  26. Group Exercise (create a marriage dissolution decree):(35 minutes)
  27. divide the class evenly into 8 groups (2 fact patterns with 2 sides and 2 groups for each side)
  28. tell the students which side they are:
  29. fact pattern 1: (2 parties to dissolution, 2 groups per party)
  30. fact pattern 2: (2 parties to dissolution, 2 groups per party)
  31. Give each group sheet with fact patterns
  32. Have each group read the fact pattern, and then discuss arguments the rights involved, and what their client is entitled to and also what they would like. (10-20 minutes minutes)
  33. create an ideal consent decree to turn in
  34. Have groups representing the two parties per fact pattern get together and create a dissolution decree that decides custody, community property, separate property, and any other issues involved (spousal maintenance, child support payments, etc) (15minutes)
  35. the decree will be turned in, so it should be legible and clearly say what happens to the property
  36. Have each dissolution decree presented to the class (5 minutes)
  37. Dissolution Decree:
  38. separate property
  39. community property
  40. who gets what from community property (how divided)
  41. child custody (how is custody arranged)
  1. Evaluation
  2. Participation in the activity
  3. consent decree created by the group
  1. Assignment
  2. write up to one page on student’s opinion of the marriage and divorce laws, (what they like, don’t like) and if they got married, if they would create a prenuptial agreement and alter these rights and why or why not.

Dissolution Decrees

Separate Property: stays with the owner

Community Property: property obtained during the marriage (e.g.: house, wages, car, lottery)

-each spouse gets ½

Sandra Bullock and Jesse James:

-married 5 years (married 2005); no kids, total assets of 150 million; one house in LA; one house in Austin; one house in NYC; world’s oldest motorcycle, purchased in 2006 by James; castle in England;5 racehorses, two purchased by Bullock in 2001, and the other three purchased in 2006; James’s pension plan from West Coast Choppers;

-S. Bullock made two movies while married, opened two restaurants and started a production company

-J. James had his TV show during the marriage and has Wal Mart clothing line

S. Bullock:

Assets before marriage: 75 million, no kids, the house in Austin, the house in NYC, 10 movies already filmed

J. James:

Assets before marriage: 10 million, west coast choppers, 2 kids, the house in LA,

Angelina Jolie and Brad Pitt:

-together for 8 years (since 2002),not married; six kids (three biological and three adopted), total assets of 300 million; one house in LA, one house in NYC; one house in New Orleans; estate in France;a private island near Tahiti purchased with funds from Pitt’s movie Interview with a Vampire; a 100 foot yacht purchased in 2008; 3 paintings by Picasso, one purchased by Pitt in 1997, and the other two purchased in 2005;lawsuit judgment of $200,000 from when the couple sued a tabloid in 2004

A. Jolie made three movies while together, and had an endorsement deal for St. Johns

B. Pitt made 5 movies while together, and designed a furniture line,

A. Jolie:

Assets before partnership: 25 million, 5 movies previously filmed,

B. Pitt:

Assets before partnership: 100 million, 20 movies previously filmed,

Client Name / Separate Property / Community Property

What client wants in the dissolution decree (property and custody rights): ______

Client Name / Separate Property / Community Property

What client wants in the dissolution decree (property and custody rights): ______