Sample Legal Memorandum

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MEMORANDUM To: From: Date: Re: State v. Lucky ____________________________________________________________ ____________ STATEMENT OF FACTS Our client, Lillian Lucky (“Lillian”), has four children ages four, five, six, and seven. Lillian and the children lived with Lester Lucky (“Lester”) in Trafford, Alabama for 8 years. Lillian and Lester were never formerly married, and Lillian does not know if Lester is the father of the children. Lillian and Lester have sent out family Christmas cards and Lester has worn a shirt stating “Nobody cooks up a possum like my ole lady, Lillian”. For over a year Lester abused Lillian. When Lillian told Lester she wanted out of the relationship, Lester told her to pack up and leave. ISSUES (1) Will a court grant a Temporary Restraining Order against Lester for the protection of our client, prior to divorce and child custody hearings? (2) Is the relationship between Lillian and Lester considered a marriage in which a divorce, division of property, and child support can be granted? (3) Will the court grant Lillian child support for her four children, even though she is not certain that Lester is the children’s father? (4) Will a court grant Lillian support in the form of alimony? SHORT ANSWER (1) Most likely yes. Alabama courts and legislatures have determined rules that allow for…show more content…
Kratz, the wife brought a divorce action against her husband, alleging that the husband had abused her. After hearing testimony that established several abusive situations, the court granted the wife custody of the children and also issued a temporary restraining order against the husband for the wife’s immediate safety. Kratz v. Kratz, 791 So2d. 971, 972 (Ala. Civ. App. 2000). Because Lester abused our client for over a year, the court most likely will find that such an injunction is necessary to prevent further injury. Thus, the court will probably issue a Temporary Restraining Order against

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