Draft Trial Brief

---
name: draft-trial-brief
task_id: trusts-estates-private-client/draft-trial-brief
description: Closes the gap where agents produce generic dissolution trial briefs without applying the governing marital-property framework, resolving competing business valuation methodologies, building a documented dissipation record with burden-shifting analysis, and completing mandatory filing requirements.
activates_for: [planner, solver, checker]
---

# Skill: Draft Trial Brief for Contested Dissolution Proceeding

## 1. Subject-matter triage (only if applicable)

- Treat this as a petitioner-side trial brief in a contested dissolution matter; the brief must track the contested issues actually joined for trial and should not introduce unpled theories.
- Start from the joint pre-trial statement, temporary orders, expert reports, deposition concessions, and any custody evaluation or other neutral assessment.
- If only one parenting issue, one valuation dispute, or one dissipation period is actually in dispute, say so and limit analysis to that scope; do not multiply issues artificially.

## 2. Failure modes the skill is correcting

- Arguing property division in the abstract without tying the requested relief to the governing marital-property rules, tracing principles, and any separate-property rebuttal.
- Presenting business value as a single number without confronting the opposing expert’s methodology, normalization assumptions, discount treatment, and record support.
- Stating dissipation as a general accusation rather than identifying the transactions, dates, categories, and threshold showing needed to shift the burden.
- Omitting the statutory path for spousal maintenance, especially eligibility first and amount/duration second, or ignoring statutory factors relevant to both steps.
- Calculating maintenance from base salary alone while ignoring bonuses, commissions, distributions, and other recurring economic benefits.
- Addressing parenting time in conclusory terms without walking through the governing best-interest factors and the evidence supporting each factor.
- Failing to anchor legal propositions to the controlling statute, rule, or case authority.
- Leaving out court-required filing components, including the signature block, certificate of service, and any local-rule particulars.

## 3. Legal frameworks / domain conventions that apply

- Marital-property framework: identify whether disputed assets are marital/community or separate property under the governing state law; address acquisition timing, title, source of funds, tracing, commingling, transmutation, reimbursement, and passive versus active appreciation where relevant.
- Business characterization: analyze formation date, funding source, contributions during marriage, and the extent to which growth is attributable to marital labor or marital funds; if separate-property treatment is claimed, respond to the asserted tracing theory and any evidence of commingling or transmutation.
- Business valuation: compare the experts’ methods side by side; address the selected valuation date, income normalization, working-capital or add-back adjustments, discounts or premiums, and whether the record supports the assumptions used. Explain why the preferred approach is more consistent with valuation practice and the evidentiary record.
- Dissipation: identify the first date the dissipation claim begins, the transactions or spending categories at issue, and the amounts and dates tied to each category. Once the threshold showing is made, explain the burden shift and the absence of a satisfactory accounting by the opposing party.
- Spousal maintenance: apply the statute in two steps—eligibility first, then amount and duration. Address the statutory factors that govern need, ability to pay, standard of living, marriage duration, earning capacities, education and employability, contributions, and any other factors the statute requires.
- Income for maintenance purposes: use total economic income, not base salary alone, and include recurring compensation and value received through the business or employment relationship when supported by the record.
- Parenting time / custody: apply the jurisdiction’s best-interest factors, including stability, caregiving history, parental fitness, cooperation, and the child’s needs; respond to each material opposing contention with record evidence.
- Citation practice: every legal conclusion should be tied to the governing statute, rule, or controlling case law rather than stated as a bare assertion.

## 4. Analytical scaffolds

1. Identify the contested issues from the pre-trial record and organize the brief around those issues in the order most likely to track trial proof and requested relief.
2. For each property issue, establish the asset’s characterization first, then the valuation or allocation method, then the requested distributional remedy.
3. For business valuation, set the opinions side by side, then compare methodology, assumptions, normalization choices, discount treatment, and record support paragraph by paragraph.
4. For dissipation, state the start date, identify each category or transaction with dates and amounts, and explain why the opposing party must account for the funds after the prima facie showing.
5. For maintenance, establish eligibility, then analyze amount and duration using the full income picture and each statutory factor that matters to the case.
6. For parenting time, walk through each best-interest factor and tie every factor to a cited fact, exhibit, or professional assessment.
7. Use temporary orders and any status quo evidence to support continuity where the current arrangement benefits the child or the parties.
8. End each major legal proposition with the authority that controls it, so the brief reads as law applied to facts rather than advocacy detached from doctrine.

## 5. Vertical / structural / temporal relationships (only if applicable)

- The pre-trial statement defines the universe of trial issues and often contains admissions; use it to narrow disputes and avoid re-litigating settled points.
- Expert reports, deposition excerpts, financial summaries, and temporary orders interact; cross-reference them when they bear on the same asset, income stream, spending pattern, or parenting arrangement.
- If a valuation date, dissipation period, or maintenance period spans multiple phases, make the chronology explicit and keep the narrative aligned to the relevant period rather than collapsing distinct periods into one.
- Where temporary custody or support orders exist, explain whether the requested final relief maintains, modifies, or formalizes the existing arrangement and why that is consistent with the record.

## 6. Output structure conventions

- Produce a single petitioner trial brief in ordinary court-brief form, with caption, introduction, factual background, argument by contested issue, requested relief, certificate of service, and compliant signature block.
- Frame the argument by issue headings that mirror the actual contested matters, not by generic textbook categories.
- In the property section, cover characterization, division, and any valuation dispute in a clear sequence; when experts disagree, place their conclusions in direct comparison before explaining why one is more persuasive.
- In the dissipation section, identify the relevant period, list the categories or transactions, and explain the burden-shifting effect with record citations.
- In the maintenance section, include eligibility, amount, and duration, and base the analysis on total income and all statutory factors.
- In the parenting section, organize the discussion by best-interest factors and answer the opposing party’s main contentions with evidence.
- Conclude with specific relief requested that matches the trial issues and the evidence summarized.
- Include a complete certificate of service and a signature block that satisfies local practice, including counsel name, firm name, and bar number where required.