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DIVORCE 3.0 A PRODUCT OF: PARALEGAL SOFTWARE, INC. 118 Middleburg Street P. O. Box 635 Liberty, Kentucky 42539 (606) 787-5266 COPYRIGHT 1987-1991 PARALEGAL SOFTWARE, INC. INTRODUCTION INTRODUCTION TO THIS MANUAL Before we release a program from PARALEGAL SOFTWARE, INC., we spend a lot of time trying to make use of the program "fool proof" and wholly intuitive. Thus, an attorney who has recognized the need for this program should already have the knowledge about equitable distribution to simply start the pro- gram and work through it to an acceptable result without a manu- al. There are very few responses required which are not single key selections or which require more than a short, simple numeric or label answer to a specific question. The programs are fully menu driven (there are no commands to learn) and we have attempt- ed to anticipate and "trap" every erroneous response possible. This manual should, however, point out methods to make the printouts more readable and understandable, and therefore more readily acceptable to the court or the opponent, and pro- grammed "shortcuts" to expedite your work. Other software products marketed by PARALEGAL SOFTWARE, INC., may not require legal decisions and judgment by an attorney to maximize their benefits. However, this program does require legal judgment and decisions in inputting data, and it is strong- ly recommended that the responsible attorney actually input required data or closely oversee the process. It cannot be overly stressed that this software does not attempt to substitute for the judgment of an attorney and definitely is not a "do it yourself" divorce kit for laymen. This program is designed to enable the attorney to list, value and allocate marital and nonmarital assets and li- abilities in order to make informed decisions about the equitable distribution of properties in a divorce action. While actual use of the program is deceptively simple, there is nothing simple about the rules of law distinguishing marital from nonmarital property, or the allocations of assets and liabilities, or the valuation of assets. The program should be viewed as a dedicated data base or spreadsheet to facilitate the attorney in under- standing the situation of the client and identifying the strengths and weaknesses of the demands of the client. In actual use, with both the attorney and the client at the computer, the program seems to help the client to more readi- ly grasp the significance of the tactics of the case and the importance of obtaining favorable valuation testimony. The name of PARALEGAL SOFTWARE was chosen to indicate that the software can practically substitute for an actual paralegal to gather and assemble information. We strongly advocate this "hands on" usage of this program by the attorney with the client. The dialog between attorney and client will educate the client to the re- quired proof. The education of the client frequently makes the client's expectations of the attorney more reasonable. Theoretically, at least, the trial court cannot make a proper division of marital equity unless it has received complete testimony regarding the nature and extent of the assets or li- abilities and the evaluation thereof. In most jurisdictions, the trial court then determines an appropriate percentage of the marital equity for each of the parties to receive, based upon each of their contributions to the acquisition of the marital estate and according to the statutory factors to be considered. Frequently, this is a simple 50%-50% division. Too often, this means that the husband is saddled with the burden of receiving all of the income producing property while the wife receives the Tupperware, free and clear. Introducing mathematical precision into the equitable distribution process may, in many situations, be laughable, but our experience indicates that use of this approach definitely makes settling easier and contested decrees more predictable. GETTING STARTED With this manual you have received one (1) write pro- tected (not copy protected) program disk. The program disk should contain the following file: DIVORCE3.EXE The disk may also contain a file named READ-ME.E-D which contains information about the program that developed after the manual was printed. To read this file on screen, input "TYPE READ-ME.E-D <ENTER>". To print it to the printer, type "COPY READ-ME.E-D PRN: <ENTER>". There will also be several small files on the disk which end with the extension .P32. These are printer control code files for various printers which should be identifiable by the name of the control code file. This manual assumes that you have a basic understanding of your disk operating system. Format a disk and copy each of these files to your formatted disk. For MS-DOS systems, where your formatted disk is in drive "A:" and the distribution disk is in drive "B:", you may use the one command "A:COPY B:*.* <RETURN>". You may, of course, copy the files to a hard disk. We generally use a subdirectory named \DIVORCE3\. After you have made at least one copy of the distribu- tion disk, remove the original distribution disk and place it in a safe place. Next, place your working disk into the default drive, or log into the subdirectory containing the programs, and type the command DIVORCE3 <RETURN>. The first time you start the program, it will recognize (due to the absence of a data file called DIVORCE3.CFG) that it has not been installed and will immediately take you through the installation process and create the setup file. Don't worry! You may reinstall as many times as you please. When you install the program, a new file named DIVORCE3.CFG will be created to store the default setup information. Whenever you run the pro- gram, you MUST log onto the drive or into the subdirectory where both DIVORCE3.EXE and DIVORCE3.CFG are located! Do NOT attempt to run the program from other drives or subdirectories. If you install a specific printer control code file, it must also be in the default drive to be found. The installation process is fully described in chapter 7 of this manual and you may want to turn to chapter 7 for point- ers on installation. You may rename DIVORCE3.EXE if you like (just the base name, not the extension), but you may not rename DIVORCE3.CFG. There are two other files (not on the distribution disk) which deserve mention. The first is named VIDEO-ID.DAT. If you experience problems with the program correctly identifying your video system and monitor, as shown by a blank screen or similar problem, create a nondocument file named VIDEO-ID.DAT and place a single number in it as follows: 1 for monochrome display adapter (MDA) without graphics; 2 for a Color Graphics Adapter (CGA); 3 for an Enhanced Graphics Adapter (EGA); 4 for a Multi- Color Graphics Array (MCGA); 5 for a Video Graphics Array (VGA); 6 for a Hercules Graphics Card (HGC); 7 for a Hercules Graphics Card Plus (HGC+); or 8 for a Hercules Incolor Card. You can create this file from the console as follows (the ^ means to hold down the control key): A:>COPY CON:VIDEO-ID.DAT <RETURN> A:>5 <RETURN> A:>^Z <RETURN> The other file is named COLORS.DAT and is to override the colors assigned by the program. This file should contain exactly seventeen lines containing one number each ranging from zero through sixteen, being the new values assigned to: black (0); blue (1); green (2); cyan (3); red (4); magenta (5); brown (6); gray (7); light gray (8); light blue (9); light green (10); light cyan (11); light red (12); light magenta (13); yellow (14); white (15); and "blink" (16). You may reassign colors if our choices are not appropriate for your monitor. It is recommended that neither of the files VIDEO- ID.DAT nor COLORS.DAT be created if they are not really needed as they will slow the program. Every time you run the program the shareware banner will appear, and then you are taken to the main program menu and to work. This is shareware, so you are encouraged to further distribute copies of the software to others who may need it. The manual and the printer control code files may not be copied or redistributed, and any others who decide to continue to use the software are expected to register as you did. (MS-DOS is a trademark of Microsoft Corporation) (DIVORCE3 is a trademark of Paralegal Software, Inc.) CHAPTER ZERO MAIN PROGRAM MENU This chapter is named ZERO so that the following chap- ters will directly correspond to the choices available from the main program menu screen. Thus, if you need help understanding a feature of the program, the main program menu is your table of contents for this manual. After entering the initial DIVORCE3 command from the DOS prompt, the program will load and display the shareware banner. Press any key and the main program menu will appear as follows: MAIN PROGRAM MENU FOR EQUITABLE DISTRIBUTION ANALYSIS 1. EXISTING EQUITABLE DISTRIBUTION FILE -- INPUT FROM DISK 2. CREATE NEW EQUITABLE DISTRIBUTION FILE -- INPUT BASE DATA 3. ENTER OR EDIT ASSET AND LIABILITY MASTER DATA LIST 4. EDIT COURT CAPTION, NAMES AND LABELS OF PARTIES 5. REVIEW SUMMARY OF TOTALS AND EDIT PERCENTAGES, ETC. 6. SELECT AND PRINT ASSET AND LIABILITY LISTS TO PRINTER 7. INSTALL AND CUSTOMIZE PROGRAM DEFAULTS 8. EXIT PROGRAM TO DISK OPERATING SYSTEM SELECT FUNCTION NUMBER 1 - 8 Copyright 1987-1991 Paralegal Software, Inc. Selections are made by pressing the appropriate number key, and <RETURN> is not required. To accomodate differing keyboards, the direction or cursor keys will generally work for any number except the <5>. Options 3, 4, 5 and 6 are inoperative unless a file is in process. Option 1 is useless until one or more files have been created to be recalled. When a file is in process, any revisions to the file data will automatically be saved to a disk file each time you return to the main menu. For this reason, you should always exit the program from the main menu to assure that data is saved before turning off the computer. CHAPTER ONE 1. EXISTING FILE - INPUT DATA FROM DISK The first selection on the main program menu is "1. EXISTING FILE - INPUT DATA FROM DISK". After you have created one or more data files, you will find them very easy to recall for further analysis or editing. To load an existing file into memory, complete the following steps from the main program menu: 1. Press key <1>. This may be done from the numeric keypad or the alphabetic keyboard. It is not necessary to press <ENTER> or <RETURN>. 2. A new screen will appear headed "INPUT DATA FROM AN EXISTING DATA FILE". This screen will display all *.DIV files on the data disk and will prompt you to select the file you need by using the cursor keys to highlight the file you need and then to press <ENTER> or <RETURN>. This is an easy "point and shoot" method. 3. If you do not want to choose one of the existing files shown, leave the highlight on <MENU> and press <ENTER> or <RETURN> and you will return to the main program menu. After the program has loaded the data about the file you have selected into memory and made its calculations, the main disk menu will reappear for further instructions. CHAPTER TWO 2. CREATE NEW EQUITABLE DISTRIBUTION FILE - INPUT BASE DATA From the main program menu, the next option on the main menu screen is "2. CREATE NEW EQUITABLE DISTRIBUTION FILE - INPUT BASE DATA". Opening a new file begins with selecting Option 2 by pressing the <2> key on the keypad or keyboard. You may open a new file even if another file is currently in memory, although you may work with only one file at a time. The current file has been saved to the disk by the program and no data will be lost. NAMING A NEW FILE After pressing the <2> key, a screen will appear headed "OPEN NEW DATA FILE". This screen is very similar to the screen from which an existing data file is selected. This screen dis- plays the names of existing files for reference and prompts the user at the bottom of the screen to select a name for a new file. The file must be eight or fewer legal characters, and the program will strip the name selected of illegal characters, accepting only the first eight valid characters. The invalid characters are the space and each of the following characters: ? . , ; : = / \ + < > '. You are not required or permitted to add the exten- sion .D30 to the name, and it is an error to do so as it will usually cause your file to be misnamed. For ease of use, the old file and new file screens accomodate only 150 names. You will be warned if you are ap- proaching the maximum permitted by the program. If this occurs, start a new data disk, new data subdirectory, or "back up" and delete old files. After selecting a new file name, press <ENTER> or <RETURN>. The program will compare the new name you have select- ed to existing file names and, if the name is not already in use, will continue. If the file name you selected is already in use, the program will inform you of this and require you to confirm that you intended to overwrite and destroy the existing file. Overwriting is a proper method of preserving disk space. The program will ask you to type <Y> to overwrite the file or <N> to select a new file name, and any key other than <Y> defaults to <N>. A blank file name is no file and will return you to the main program menu without opening a new file. BASE DATA FOR A NEW FILE The next screen is headed "BASE DATA FOR [FILENAME]" and is for the purpose of initially adding, or later editing, the captions for printed output, whether to the printer or to a disk file. On this screen you may enter or edit a caption for your court and the names and labels for the parties. The top five caption lines are for designation of the jurisdiction and the specific case number and will appear cen- tered on some printed output pages. Since you will have entered a default court caption when you first set up the program, the court caption will usually be correct except for the case number. Edit only as much as needs to be changed, pressing <RETURN> for lines that are correct. At the prompts, it will usually be necessary to enter the names of the parties as they appear on the case pleadings. The default labels for the parties are "PETITIONER" and "RESPOND- ENT", and these defaults may be edited to suit the case. While revising the caption lines, if the previous entry was correct you may restore it by simply hitting <RETURN> or <ENTER>, and you will then be taken to the next line for revi- sion. If you wish to change the caption line, simply type in the label you wish to use or edit the label shown, using intuitive word processing commands. Use the <Insert> key to toggle between insert and overstrike modes. Remember that option 4 on the main program menu is for the purpose of reediting the data you have just entered so if an error or typo appears to you later there is no problem in cor- recting it. After you have entered or revised the caption to your satisfaction, press <ENTER> to continue and you will be taken to the screen to "INPUT, SCROLL AND EDIT PROPERTY OF [FILENAME]", where file name is the name you have given to this particular file. This process is described in the following chapter. CHAPTER THREE 3. ENTER OR EDIT ASSET AND LIABILITY MASTER DATA LIST After setting up the base data for a new file, or by pressing the <3> on the keypad or the keyboard from the main program menu, a screen will appear headed "INPUT, SCROLL AND EDIT PROPERTY OF [FILENAME]". At the bottom of this screen is a submenu which pro- vides the choices to respond to the prompt "Options for HIGH- LIGHTED entry:". While somewhat cryptic, the submenu should enable the user to logically perform any required tasks as fol- lows: <F1>. HELP! This key will provide contextual help in making choices on how to use the program. <+> <A> Add entries. Use either of these keys to inform the program that you wish to continue to add entries of assets or liabilities to the master list. Adding entries is explained more fully below. <-> Delete the highlighted entry by pressing the minus key, or hyphen, to subtract it from the file. <*> Revise the highlighted entry by pressing the asterisk. <.> Point to the line you wish to have highlighted by press- ing the period, or decimal point, and answering the prompt with the number of the line you wish to have highlighted. <ENTER> <RETURN> <ESC> Return to the main program menu. <0> <INS> Insert a new entry before, or in front of, the highlighted entry. <1> <END> These keys will cause the last line in the list to be centered and highlighted. <2> DownArrow Move the lines displayed down by one line. <3> <PgDn> Move the lines displayed down by one page (ten lines). <5> The <5> key on the keypad or keyboard has the function of taking you to a new screen (explained in chapter 5 below) to review the totals of the various accounts you have created and the status of the parties at that point. The program automatically calculates to keep itself updated at all times and in use of the program you may frequently check the totals through this option for guidance in allocating additional entries. It is on the total screen discussed below that you will test various percentages of division between the parties and estimate the approximate costs of sale in the event that any assets are to be sold. <6> Print all or parts of the data file and results to the printer or to a disk file for incorporation into other docu- ments. Printing is more fully discussed in chapter 6. <7> <HOME> Pressing the <7> on the keypad or keyboard, or the <HOME> key on the keypad will cause the first entry in the file to be centered and highlighted. <8> Up Arrow. Pressing the <8> on the keypad or keyboard or up arrow on the keypad will move the data displayed on the screen up by one line. <9> <PgUp> Pressing the <9> on either the keypad or key- board, or the Page Up key, will cause the lines on the screen to move up by one page (ten lines). <F2> This key will complete a "move" of a line from one place to another. To move a line, first delete it with the minus key as explained above. Then, highlight the line to which it is to be moved (i.e., highlight the line before which it is to be inserted) and press the <F2> key. This also works for multiple copies of a line; delete it once and insert it as many times as you wish. LABELING ASSETS AND LIABILITIES The processes of adding new data lines, revising exist- ing data lines, or inserting new data lines are substantially similar. Before you start entering data into a new file, it is suggested that you form a plan to systematically approach the process. You may wish for the listing of assets and liabilities to appear as they would on an accountant's balance sheet, or according to any other similar plan under which items of a par- ticular class appear under a heading for that class. One of the primary objects of the program is to produce a printed output that will be easily understood and accepted by the trial court, and this may be determined by your mental organization as you open a new file. For examples, see the sample printouts at the end of chapter 6. When you first see this screen in opening a new file, it knows to prompt you for the first item since the file is empty. Therefore, the submenu at the bottom on the page is immediately erased and you are prompted for the description of the first item. A window will "pop up" on the screen to guide you. You should type in the description of the first asset or liability with an alphanumeric label of up to 52 characters. You may wish for line 1 to be a header, in which case we suggest you offset the label with leading spaces. If you are revising the line, a <RETURN> or <ENTER> retains the previous description, or you may use the simple text editor to edit the entry. If you wish for the line to be blank in its entirety, for visual separation on the master list of property, press <RETURN> or simply enter only one or more spaces as the description. The description may be up to 52 characters in length. ALLOCATING ASSETS AND LIABILITIES After entering a description of an asset, you are then prompted to allocate the item to a specific disposition, and as will be shown on the screen there are nine choices provided as follows: <1> = HUSBAND. Allocate this marital item to the husband. <2> = WIFE. Allocate this marital item to the wife. <3> = SELL. Allocate this marital item to be sold or paid from a sale. <4> = HUSBAND'S NONMARITAL. This item is the husband's nonmarital asset or liability. <5> = WIFE'S NONMARITAL. This item is the wife's nonmarital asset or liability. <6> = BOTH LISTS. List this header on both the husband's marital list and the wife's marital list. <7> = H,W AND S. List this header on the husband's marital list, the wife's marital list, and the list of assets to be sold. <8> = ALL LISTS. List this header on all lists (1 through 5). <9> = [BLANK]. Leave the disposition of this item blank. Print on master list only. Options 1 through 5 are actual dispositions of assets or liabilities to a specific destination or list. Options 6 through 9 are used only for headers, as they may apply, and the use of these options will not permit the user to ascribe a value to the asset or liability if chosen. If you are revising an entry, a <RETURN> defaults to the existing entry. Remember that any allocation selected, or value subse- quently assigned, are tentative and may easily be edited later as necessary. VALUING ASSETS AND LIABILITIES The program next prompts for the value of the item. If an asset has been described, the user should insert a positive dollar value. If a liability has been described, the user should insert a negative amount. The program depends upon the user correctly using positive and negative values in order to sort the assets from the liabilities in making its calculations. Use the minus key to toggle the sign from positive to negative. Values may range from -$99,999,999.99 to +$99,999,999.99, and we certainly hope that such figures will apply to your cases, but no figure to be used by the program, including totals may exceed these amounts and still print cor- rectly on screen and paper. After completing the value of the asset or liability, the submenu will reappear at the bottom of the screen for your next instruction. This process may then be repeated until all marital assets and liabilities have been accounted for and allo- cated. CHAPTER FOUR 4. EDIT COURT CAPTION, NAMES AND LABELS OF PARTIES From the main program menu, pressing the <4> on either the keypad or keyboard will take the user to a screen headed "BASE DATA FOR [FILENAME]", where the file name is the disk file name you have provided for the data file in process. The revi- sion of data shown on this screen, has been described under chapter 2 above, and the process of editing is identical to the entry described there. This chapter is merely to assure you that the captions may be edited from the main program menu at any time, and as many times, as you wish. Remember that edits on this screen apply to the file in process only and do not change the default values. Changing default values is explained in chapter 7. CHAPTER FIVE 5. REVIEW SUMMARY OF TOTALS AND EDIT DISTRIBUTION PERCENTAGES, ETC. From the main program menu, or while inputting assets and liabilities, pressing the <5> on either the keypad or key- board will produce a new screen headed "SUMMARY OF DIVISION OF ASSETS AND LIABILITIES". There are two areas on this screen subject to modification by the user, being the precentage alloca- tion of net marital equity between the husband and the wife, and a percentage representing the estimated costs of any sales which may be anticipated. A small submenu appears at the bottom of the screen on which three options are provided: <*> = Revise Percentages. Pressing the <*> on the keypad or keyboard will cause the submenu to be erased and in its place you will first be prompted to input the percentage costs of any sales which may be anticipated, and the method of making the distribution between the parties. This option is more fully described below. <6> = PRINT. Pressing the <6> key on the keypad or keyboard will enable the user to print data lists to the printer, or to disk files for word processing uses. This is the same as option 6 from the main program menu or while inputting en- tries. <ENTER> = <ESC> = Prior Screen. Pressing either key will exit this screen and return you to the screen from whence you came. COSTS OF SALES If you choose to revise the percentages shown on the screen, the submenu at the bottom of the screen will be erased and you will first be prompted to input estimated percentage costs of any sales of marital property which may be anticipated. Naturally, if no sales are anticipated, no percentage is neces- sary. You may input this number as a decimal number (i.e., a decimal point followed by up to six digits) or as a whole number (two digits) followed by a decimal point and up to four addition- al digits. That is, the program will recognize 6.5 and .065 to both represent 6.5%. If the existing percentage is not to be changed, press <ENTER> or <RETURN>. PERCENTAGE DIVISIONS The program next asks whether you wish to input a [P]ercentage or a [L]ump sum payment. If a percentage is indi- cated by pressing the <P> key, you will then be prompted for a percentage of the net marital equity to be allocated to the husband with the wife's percentage being the reciprocal of the husband's share. Again, you may input this number as a decimal number (i.e., a decimal point followed by up to six digits) or as a whole number (two digits) followed by a decimal point and up to four additional digits. That is, 50 and .5 are both received as 50% If you do not intend to change the existing entries shown, simply hit <RETURN> or <ENTER>. LUMP SUM PAYMENTS If you choose to specify a lump sum division by press- ing the <L> key, the program will then prompt for the amount in dollars and cents of the lump sum payment. After receiving this amount, the program will ask whether the payment will be to the [H]usband or to the [W]ife. Lump sum payments mean that, in addition to the specific assets and liabilities allocated to that spouse, the other spouse is to pay a specific amount of money to settle. The program will then recalculate the percentage divi- sion to show the actual effect of the payment. Where either sales are anticipated or equity is negative, lump sums may be confusing, so use them carefully. Also be aware that only per- centages are saved and remembered by the program, so the amount of a lump sum payment is not preserved if there is a reallocation or revaluation of assets or liabilities. Input of a lump sum payment is the last thing to be done before printing out the summary sheet. ANALYSIS This screen contains a wealth of information to be considered. The marital property to be retained in kind by each party, the marital debts to be assumed by each party, the nonmar- ital assets claimed by each party, and the nonmarital debts attributable to each party, are totals of the information you have directly furnished to the program. The net sale proceeds distributable is a figure calcu- lated by the program. After deducting probable costs of sale, the program tests to see how the net proceeds should be distrib- uted, according to the percentage of marital equity that each party is to receive. The program will attempt to use the net sale proceeds distributable to make a final, equitable distribu- tion between the parties. If the net sale proceeds distributable are insufficient to fully satisfy either party, then the program will calculate how much cash must be paid from one party to the other in order to make each receive the exact percentage of net marital equity that the user has prescribed. The proper analysis of these results may be critical to the outcome of the case and the satisfaction of the client. For example, if all net sale proceeds are distributable to one party or the other, you should more carefully reconsider whether the probable value of the assets to be sold is correctly stated, or whether a sale is even desirable. It is only in the case where equity and sale proceeds are fairly evenly distributable between the parties (and therefore there is no cash payment from one party to the other) that the parties may be equally assuming the risks of sale. When sales are anticipated after settlement, you should also carefully take into consideration the tax consequences to your client of the sale. While there may be no taxable event in the division of marital properties, each currently takes the existing basis of the property received and differences in the bases may result in inequities. The listing and evaluation of nonmarital assets and liabilities may have no direct effect upon the equitable division of marital assets in most jurisdictions. Nevertheless, an accu- rate listing may assist the attorney and the client in at least two ways: First, it settles the issue of the status of these items to explicitly list them in a settlement agreement or de- cree; secondly, the existence of these assets or liabilities may have an effect upon issues pertaining to maintenance and child support. Therefore, it is always recommended that each and every asset and/or liability of both parties be completely listed, accurately valued and disposed of by the final decree. CHAPTER SIX 6. SELECT AND PRINT ASSET AND LIABILITY LISTS TO PRINTER From most screens of the program, pressing the <6> on either the keypad or keyboard, or the right arrow, is for the purpose of printing distribution lists to the printer or to disk files. The next screen to appear is headed "MENU TO PRINT EQUITABLE DISTRIBUTION LISTS" and upon which nine options appear to be selected. Options 2 through 8 each represent a separate printout, and from this menu and screen the user will enter all of the numbers representing functions or reports desired. The screen will show at the bottom which lists contain entries to be printed. You may "mix and match" these reports as desired: 1. Including the number 1 in the list of numbers will cause all lists (2 through 8) to be printed, no matter what other numbers are also listed on the line. 2. This option will cause a printout of a summary sheet showing the effect of all allocations and valuations. 3. Including the numeral 3 in the string of numbers will cause the master property list to be printed. The master list may be printed with or without showing the tentative allocations of assets and liabilities your have made. 4. Inclusion of the number 4 in the list of numbers will cause the husband's list of marital assets and liabilities to be printed. 5. Including a 5 in the string of numbers will cause the husband's list of nonmarital assets and liabilities to be printed. 6. Inclusion of a 6 will cause the wife's list of marital assets and liabilities to be printed. 7. Inclusion of a 7 will cause the wife's list of nonmarital assets and liabilities to be printed. 8. Inclusion of an 8 in the string of numbers will cause the list of properties to sell, the debts to be paid from the sale, and the costs of sale to be printed. 9. If only a 9 is entered at the prompt, the program will immediately return to the main program menu and no list will be printed. If the numeral 9 is included in a string of other numbers, the program will return to the main program menu after all lists have been printed. After selecting a string of numbers representing the lists or reports desired, the program will then ask whether output will be to the printer or to a disk file. This selection is made by entering either a <P> or <D> at the prompt, followed by <RETURN> or <ENTER>. PRINT TO PRINTER If output to the printer is selected, the program will then ask whether a tractor feed is being used on the printer. The program will print no more than 35 lines of data per printed page, and with a maximum of 1000 data lines then the master list alone may be as long as 29 pages. The length of the individual lists will be the result of how many items were allocated to that particular list, but each may be lengthy. Especially when com- bined with a printer buffer, you will find a tractor feed to be a convenient and time saving accessory. Laser printers should be treated as if they do have tractor feeds. If a tractor feed is being used, then the program will prompt the user to prepare the printer for output. If no tractor is being used, the printer will stop for single sheet insertions between pages. Paper alignment in various printers varies and you may need to experiment with a sheet or two to determine the best alignment for paper in your printer. Before printing with or without a tractor feed, and between each page when printing without a tractor feed, you may abort printing by pressing the <ESC> key. PRINT TO DISK FILE If output to disk files is requested, the program will proceed and prompt the user to assure that the drive to receive the data is ready. You may abort printing from at this point by pressing the <ESC> key. It is the user's responsibility to assure that the disk has sufficient free space to receive the data. If there is not sufficient disk space to receive all disk files, no permanent damage is done, but it is necessary to insert a new data disk into the appropriate disk drive and to start the printing process over from the beginning, or from the point at which the disk ran out of space. The program will create new disk files for each list or report to be printed as follows: SELECTION DISK FILE Summary Report FILENAME.002 Master Property List FILENAME.003 Husband's Marital List FILENAME.004 Husband's Nonmarital List FILENAME.005 Wife's Marital List FILENAME.006 Wife's Nonmarital List FILENAME.007 Sell List FILENAME.008 Files output to disk are in an ASCII format and may generally be read into any word processor's document and edited for inclusion into actual settlement agreements or decrees. Each line of the data file is 81 characters long, being 80 text char- acters or spaces plus a carriage return. Since most word proc- essing documents are not usually this wide, editing will probably be necessary. Again, the user is strictly cautioned not to make any material changes to the data while doing so as this would result in the calculations being invalid. For suggestions on using the lists in settlement agree- ments or decrees, see Appendix A. Samples of printouts appear on the following pages. CHAPTER SEVEN 7. INSTALL AND CUSTOMIZE PROGRAM DEFAULTS From the main program menu, if you press the <7> key on the keypad or the keyboard, or the <HOME> key, a screen will appear to permit you to customize the program to your particular needs. This is the same screen which appears automatically the first time you run the program and it detects that it has never been installed. This function of the program creates or edits a disk file named DIVORCE3.CFG which contains information of the default setup you prefer. Of the installation options available, some are virtu- ally mandatory while others are purely optional. The menu choices are: 1. Set up firm preparation clause: Paper printouts show the firm which prepared the analysis. Use the five lines provid- ed for your name, three lines for your address, and the last line for your phone number. Actually, only the name field is printed on the reports. 2. Set up default court caption: Paper printouts show the caption of the court in which the case is pending. Use the five lines provided, or as many as you need, for the caption of the court in which you most frequently practice. This is the default but each file may be edited for a different court. 3. Select data disk drive: If no data disk drive is ex- pressly chosen, the program will store all data files on the default disk or subdirectory. Unless you are working from a single floppy disk which may be in different drives at dif- ferent times, we recommend that you specify the drive where data will be stored. 4. Select subdirectory for data: We prefer, and recommend, subdirectories for data. Directory space of floppy disks is limited to about 112 files and the disk may become "full" long before actual storage space is exhausted. Using subdi- rectories, a 360k floppy disk can hold over 300 data files, or about 175 data files if the program is on the same disk. Besides, subdirectories are neater and keep your directories easier to read. If you specify a subdirectory that does not already exist, the program will attempt to create it for you. Thus, where your program file DIVORCE3.EXE and the setup file DIVORCE3.CFG are on the root directory of a floppy disk, a subdirectory named \FILES\ is a logical way to maximize the use of the disk. On hard disks, we generally have a subdirectory for each major program on the disk. Thus, on drive C:> we would usually have a subdirectory named \DIVORCE3\. In that subdi- rectory we would have the program file and the setup file. Appended to that subdirectory would be another named \FILES\ to hold our data files. We would log into C:\DIVORCE3> to run the program. When specifying subdirectories for data, specify the entire path to the subdirectory. Thus, on a hard disk, we would specify as the subdirectory \DIVORCE3\FILES\. When creating new subdirectories, make certain that they append to existing subdirectories. It is acceptable to specify a path where the last subdirectory does not exist and to let the program create it, but it is not acceptable to specify two or more nonexistent subdirectories at once. 5. Select Standard Printer from list: If you have standard printer files to choose from, the printer may be selected or changed from this menu by the "point and shoot" method of highlighting a choice and pressing <ENTER>. Printer files created for, or by, this program have the extension .P32. 6. Install Custom Printer: Program users may not be excited by the generic printout: ten characters per inch, eighty characters per line horizontally; six lines per inch verti- cally. Your printer default settings may or may not make the printout acceptably balanced. You may wish to set the print- er to a different size of type or font and to reset the margins correspondingly. There will be several small files on your registered disk with the extension .P32. These are sample or "starter" printer control code files for various printers as their names describe. In any event, installing a custom printer for this program involves setting the codes to send to the printer one time before printing starts, and one time at the conclusion of printing to reset the printer. Printer control codes are the whole number, decimal value of the ASCII codes specified by your printer manual. From within the program, you may set all 30 characters or codes to send to the printer to both set and reset it. For further help in setting custom printouts, see Appendix B. 7. Return to Main Menu: This option causes the program to save the changes you have made to the setup to the DIVORCE3.CFG file and to return to the main program menu. CHAPTER EIGHT 8. RETURN TO DISK OPERATING SYSTEM From the main program menu, you may end the program and return to the disk operating system level by pressing the <8> on the keyboard or keypad. Since data is saved to a disk file each time you return to the main disk menu, you should always return to the main program menu to exit the program naturally and not "crash out" of the program by turning off the computer from any screen other than the main disk menu. APPENDIX A SUGGESTED USAGE OF PRINTED SCHEDULES The manner of using schedules printed from the DIVORCE3 program is, of course, discretionary with the user and the case being analyzed. It should not be forgotten that the user is not ordinarily required to present these schedules to the court or the opponent unless it serves the client's best interests or is specifically ordered by the court. Mathematical precision may disserve the client where a vague but favorable distribution is being negotiated or where the trial judge's predispositions are known to be more favorable to the client. Never allow yourself to be mesmerized by the output from a computer; that's the effect you want the schedules to have on the trial court and the oppo- nent, when it suits your purpose. Each of the programs are designed to print data to the printer or to disk files for inclusion into memoranda, agreements or decrees through the user's word processing program. Using the disk file option and incorporating the schedules into documents as the subject is discussed may result in impressive pleadings but requires greater word processing skills and is more time consuming. Expediency usually dictates that the printed schedules be attached as exhibits to the document being prepared and incor- porated by reference. This method will also save time where a tendered decree or settlement agreement is required to be sub- stantially modified. When incorporating schedules into settlement agree- ments, the following clauses in the agreement are suggested: #. The parties represent, each to the other, that the assets and liabilities listed on the schedules which are attached hereto, incorporated herein, and marked for purposes of identification as SUMMARY OF DIVISION OF ASSETS & LIABILITIES and MASTER LIST OF MARITAL AND NONMARITAL ASSETS AND LIABILI- TIES is a complete and accurate list of any and all assets and liabilities in which either maintains any interest or obligation, and that the value or amount set forth for each item is substantially accurate, but for which mutual repre- sentations this agreement would not have been made. The foregoing clause is intended to assure complete disclosure and to give the client an opportunity to return to court for further benefits if it is later discovered and provable that assets were concealed by the opponent. #. The parties agree that Petitioner JANE A. ROE DOE shall receive or retain in settlement the assets, and shall be solely responsible for the payment of the liabilities, set forth on the schedules which are attached hereto, incorporat- ed herein, and marked for purposes of identification as MARITAL ASSETS AND LIABILITIES ALLOCATED TO WIFE and NONMARI- TAL ASSETS AND LIABILITIES CLAIMED BY WIFE, and Petitioner JANE A. ROE DOE shall indemnify Respondent JOHN B. DOE from payment or loss from any liability set forth thereon. #. The parties agree that Respondent JOHN B. DOE shall receive or retain in settlement the assets, and shall be solely responsible for the payment of the liabilities, set forth on the schedules which are attached hereto, incorporat- ed herein, and marked for purposes of identification as MARITAL ASSETS AND LIABILITIES ALLOCATED TO HUSBAND and NONMARITAL ASSETS AND LIABILITIES CLAIMED BY HUSBAND, and Respondent JOHN B. DOE shall indemnify Petitioner JANE A. ROE DOE from payment or loss from any liability set forth there- on. In most jurisdictions, failure to make a specific disposition of an asset or liability leaves the asset or liabili- ty to the party to whom it was titled at the time of the decree. Since many marital assets are not subject to title laws, failure to specifically dispose of assets frequently results in irritat- ing post decree hearings. Make the master schedule of property complete, even if you must use generic "catch all" listings, and use the two preceding clauses to bring an end to the case. #. The parties agree that the assets listed on the schedule which is attached hereto, incorporated herein, and marked for purposes of identification as MARITAL ASSETS TO BE SOLD AND LIABILITIES TO BE PAID FROM SALE shall be sold in the manner as set forth in the following paragraph of this agreement, that the liabilities set forth on this schedule shall be paid from the sale or sales, and that after deduction of actual costs of sale the net proceeds distributable shall be dis- tributed as set forth on the schedule which is attached hereto, incorporated herein, and marked for purposes of identification as SUMMARY OF DIVISION OF ASSETS AND LIABILI- TIES. Sales of marital properties should always be accepted with caution. Parties are frequently overly optimistic about sales and the fair market value of assets to be sold. Where all net sale proceeds are allocable to one party or the other, the net effect is that party has accepted the risks of sale, or the assets and liabilities subject to a discount for costs of sale. Where net proceeds are expected to be distributable to both parties, you may wish to fashion a special agreement to govern where the sale results vary from the projections by a specific amount or percentage. It is only where the parties will share equally, dollar for dollar (or according to the percentage of net marital equity distributable to each), in net sales proceeds that deviations in market values will not be detrimental to one or the other. #. The parties agree that, in order to equalize the division of assets and liabilities between the parties, [Respondent JOHN B. DOE or Petitioner JANE A. ROE DOE] shall, immediately upon entry of the Decree approving this agreement, make a cash payment of [$12,345.67] to [Petitioner JANE A. ROE DOE or Respondent JOHN B. DOE]. Notwithstanding that the Summary sheet may be an at- tachment to the agreement or decree, the text should specify the cash payment required to equalize the distribution in order to make clear the intention of the parties. APPENDIX B CUSTOM PRINTER VALUES If you want to customize your printer, first consult your printer manual for the correct escape sequences to accom- plish whatever settings you desire. Escape sequences are strings of characters sent to the printer to set or reset the printer and which the printer will recognize to be non-printable function commands. Escape sequences will usually start with the "escape character" which is identified in ASCII (American Standard Codes for Information Interchange) as 27 (decimal). All printer manu- als for printers using escape sequences should contain an ASCII code chart. The [PRINTER].P32 files will use only the decimal values for these characters, not the hexadecimal or octal. A custom printer setup file will contain two rows of thirty decimal values in each row. These decimal values are the codes to be sent to the printer. All of the values may be set through the program. Printer manuals are not a model of clarity for occa- sional computer users. You may have to experiment and find the correct values by trial and error from the information furnished in the printer manual, but the following general guidelines and examples may help. If the manual expresses a number without quotes, then the value of the number itself is probably to be used. If the number appears in quotes, then each digit of the number is sig- nificant. EXAMPLE: Manual says, literally: ESC "A" 12. Correct values are: 27 (for ESCAPE); 65 (ASCII code for capital A); 12 (per se). EXAMPLE: Manual says, literally: ESC "]12". Correct values are: 27 (for ESCAPE); 93 (ASCII code for right bracket); 49 (ASCII code for digit "1"); 50 (ASCII code for digit "2"). Since BASIC is so popular as a programming language, many manuals give their examples in the BASIC format used to send these codes to the printer. For ESC "]12", the manual may give an example as follows: LPRINT CHR$(27); CHR$(93); CHR$(49); CHR$(50);. If so, these are the numbers you are looking for. Always terminate a string of values with a value great- er than 255. Control code values will not exceed 255 decimal. When the program encounters the larger value in the file it knows to stop sending characters to the printer. APPENDIX C ERRORS AND SOLUTIONS The program will attempt to "trap" every error by the user which can reasonably be anticipated. For example, the program will reject erroneous single key responses, will test file names for illegal characters, will test numeric values for permissible ranges, will check labels for acceptable length, etc. At another level, the programs will trap errors such as missing program files and data files. Wherever possible, the programs will explain the exact nature of the error and suggest a possible solution. In other cases, it has not been possible for us to isolate which of several errors might have occurred. In those situations, the programs will provide the user with the number of the error and the general nature of the error and it is the responsibility of the user to determine what has been done incor- rectly and to correct the error to proceed. Following is a list of the error numbers, their meanings, and the probable solution for all errors which may be encountered in the operation of the programs. It should be possible to easily recover from most of these errors. 7: Reason = Out of Memory 14: Reason = Out of String Space 23: Reason = Line buffer overflow 24: Reason = Device Timeout, Disk or Printer 25: Reason = Device Fault, Disk or Printer 27: Reason = Printer Out of Paper 51: Reason = Internal error (reset computer!) 53: Reason = File not found 57: Reason = Device I/O Error 61: Reason = Disk Full (change data disks) 62: Reason = Input past end (file corrupt) 67: Reason = Directory Full 68: Reason = Device Unavailable 70: Reason = Disk Write Protected 71: Reason = Disk Not Ready 72: Reason = Disk Media Error 75: Reason = Path/File Access Error 76: Reason = Path Not Found We would like to think that we are infallible, but we have found that some of the most respected software ever written nevertheless contains bugs. We hope that you will never encoun- ter a software bug, but if you do we request that you note the error number, the situation under which the error occurred, and call PARALEGAL SOFTWARE, INC., immediately. Error numbers that probably indicate a software bug are: 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, 16, 19, 20, 22, 26, 29, 30, 50, 52, 54, 55, 58, 63, 64, 66 and 69. All DIVORCE3 data files are sequential files which are accessible through any word processing program in nondocument mode. Understanding the structure of these data files may assist you in recovering from a media error in which data is lost or scrambled. The DIVORCE3.CFG file can be examined through a word processing program or by the TYPE command from the disk operating system and should appear as follows: Court Caption #1 Court Caption #2 Court Caption #3 Court Caption #4 Court Caption #5 Firm Name Firm Address Line 1 Firm Address Line 2 Firm Address Line 3 Firm Phone Number Data Disk Drive Data Subdirectory Printer file name The first five lines are the information you furnished about your default court caption. The next five lines are the information you furnish about your firm. The eleventh line is the data disk designation and will appear as "C" or "A" or simi- larly. The twelfth line is the subdirectory for data and would appear as "\DIVORCE3\FILES\" or similarly. The last line is the name of a custom printer control code file which will end with the extension ".P32". The divorce data files have the extension ".D30" and have the following structure: Court Caption #1 Court Caption #1 Court Caption #1 Court Caption #1 Court Caption #1 Name of first party Label for first party Name of second party Label for second party [Blank] Husband's percentage Percentage for costs of sale "Description of first entry","disp #1",value #1 . . . "Description of last entry","disp #n",value #n The first five lines are the court caption for this particular case. The next four lines are the names of the par- ties and the labels associated with each. The tenth line is blank. The eleventh line is the husband's percentage of the net marital equity, and the twelfth line is the percentage costs of sale. Following the general information about the file are 1- 1000 sets of data which are each arranged by lines containing the description of an asset or liability (or label), the disposition of it, and the value of it, (where applicable).