與客戶就起訴狀進(jìn)行溝通(包括起訴書樣本) VIA REGULAR INTERNATIONAL MAIL May 18, 2004 Mrs. Grace M. Wang 123 Oak Street Hometown, Virginia 30012 U.S.A. Re: Mrs. Wang vs. Mr. Wang Haidian District People’s Court Docket No. 111 Dear Mrs. Wang: Following up on your request, enclosed for your careful review please find a draft of the proposed Complaint (with English translation) in the above referenced matter. Although I have tried to draft the Complaint from the information and documents you have provided, I must ultimately rely on your personal knowledge of these facts to make sure the Complaint is accurate and complete. This is an important legal document, and before it is filed we must try to make sure that there are no misstatements or exaggerations. With this in mind, please review it carefully and make any suggested corrections, changes, or additions either directly on this draft or in a separate memo directly from you to me (to preserve the attorney-client privilege), or both. These being done, please return the document(s) to me as soon as possible so that I can continue to move forward on this matter. As always, if you have any problems, comments, or concerns, please let me know. Sincerely, Wang, Zhang & Lee _________________ Deguang Zhang, Esq. Enclosure BEIJING HAIDIAN DISTRICT PEOPLE’S COURT Mrs. Grace M. Wang, Plaintiff vs. Mr. Bai Wang, Defendant.
Case No. 11111 COMPLAINT FOR ABSOLUTE DIVORCE 1. The court’s jurisdiction is based on P.R.China Civil Procedure Code Section 3, Article 101. 2. Plaintiff, Mrs. Grace M. Wang, is a naturalized citizen of the United States and a resident of the State of Virginia, currently residing at 123 Oak Street, Hometown, Virginia 30012. 3. Defendant, Mr. Bai Wang, is an adult citizen of the People’s Republic of China and a permanent resident of the Beijing Municipality for 41 years, actually residing at Yingchun Beili 5-13-2-408, Haidian District, Beijing 100013. 4. The parties were lawfully married on April 1, 1990, in Handian District of Beijing Municipality, at which time both were citizens of the People’s Republic of China and permanent residents of Beijing Municipality. 5. There were two children born of said marriage, namely, Jacky Wang, born June 12, 1994, and Melissa Wang, born April 1, 1997, both of whom currently residing with Plaintiff in the State of Virginia of the United States of America. 6. That the Plaintiff is a fit and proper mother to have custody of said minor children. 7. That on numerous occasions and over the past several years the Defendant did and continues to commit adultery; said adultery has been committed by defendant with an individual by the name of Ms. Second Mistress, whose address is currently unknown to Plaintiff; the Plaintiff has neither forgiven nor condoned said conduct; and there is no reasonable hope or expectation of a reconciliation between the parties. 8. That although conduct of the Plaintiff has been that of a faithful, kind and chaste wife, yet the Defendant has persistently engaged in cruelty of treatment of the Plaintiff, and has engaged in excessively vicious conduct, endangering Plaintiff’s safety, health, and happiness, and has assaulted Plaintiff on a number of occasions, causing her bodily injury, and has harassed and humiliated her in the presence of her family including their minor children and friends, and rendering the marital relationship impossible if Plaintiff is to preserve her health, safety and self-respect. 9. The Plaintiff and Defendant are joint owners of the real property located at Yingchun Beili 5-13-2-408, said real property being an apartment by the size of approximately 150 square meters. 10. That the parties hereto had jointly purchased said property on or about May 13, 1998, as Tenants by the Entireties, since they were duly married then. 11. That since the purchase of said property in 1998 the Plaintiff has continued most, if not all, of the mortgage payments including principal and interest, as well as the homeowner’s insurance; that all of the aforesaid payments have been made with very meager capital contribution on the part of the Defendant. 12. That currently there exists certain other marital property owned by either or
both of the parties, including but not limited to bank accounts, stocks and securities, pension and profit-sharing accounts, furniture and furnishings and two automobiles. WHEREFORE, the above premises considered, Plaintiff prays: 1. That Plaintiff be awarded an absolute divorce from the Defendant on the grounds of adultery and/or cruelty. 2. That the Defendant be enjoined and restrained from harming, molesting, harassing, threatening or otherwise interfering with the Plaintiff. 3. That the Plaintiff be awarded temporary and permanent custody of the minor children of the parties. 4. That the Defendant be ordered to pay Plaintiff a reasonable sum for the temporary and permanent child support. 5. That the Court determine the ownership and value of all personal property regardless how titled. 6. That upon the final hearing of the action the Court order a sale in lieu of partition of the real property located at Yingchun Beili 5-13-2-408, Beijing, and a division of the proceeds of sale between the parties based upon their respective interest in the property, and further requiring contribution from the Defendant for the mortgage payments, homeowner’s insurance, and necessary repairs and maintenance paid by the Plaintiff. 7. That Defendant be ordered to pay to Plaintiff suit money and court costs, including a reasonable contribution toward Plaintiff’s attorney’s fees in connection with legal services for the benefit of said children. 8. And such further relief as the Court may deem proper and just. _______________________ Grace M. Wang, Plaintiff To the Honorable Court: ss Grace M. Wang, being first duly sworn on oath, deposes and states that the forgoing “Complaint for Absolute Divorce” has been subscribed and read by her and that the things contained therein are true to the best of her knowledge, information and belief. ____________________________ Grace M. Wang Subscribed and sworn to before me this ______ day of _______, 20____. ______________________________
Notary Public Respectfully submitted, _________________________ Deguang Zhang, Bar # 12345 Zhang, Wang & Lee, L.L.P. Attorney for Plaintiff 666 East Chang’an Boulevard Beijing 100001, China 010-1234-5678
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