a. In your answer to Assignment 7.1, you made a list of the grounds for divorce in

Question:

a. In your answer to Assignment 7.1, you made a list of the grounds for divorce in your state. If one of the grounds for divorce in your state is living apart, determine whether the divorce actions sought above in Assignment 7.2(a), (b), and (c) would be granted in your state. Try to find opinions written by courts in your state that have interpreted the law governing the same facts as, or facts similar to, those involving Fred and Gail, Tom and Diane, and Bill and Susan.

b. Pick one of the three fact situations involved in Assignment 7.2. Draft a complaint for the party seeking the divorce.


Assignment 7.1

a. In your state code, find the statute that lists the grounds for divorce. Give the citation to this statute and list all the grounds for divorce provided therein.

b. For each ground of divorce identified in part (a), draft a checklist of questions to help determine whether those grounds exist.


Assignment 7.2

Assume that a statute provides that one of the grounds for divorce is voluntaryseparation for a period of two consecutive years. This living-apart ground is  the only one authorized in the state. Could a divorce be granted on the ground  of living apart in the following three situations?

a. Fred and Gail are married. On June 10, 1995, they agree to separate. Fredmoves out. On May 15, 1997, when he learns that she is thinking about filingfor divorce, he calls Gail and pleads with her to let him come back. She refuses.On July 25, 1997, she files for divorce on the ground of living apart.

b. Tom and Diane are married. On November 1, 1995, Diane deserts Tom. Tomdid not want her to go. On March 13, 1996, Tom meets Karen. They beginseeing each other regularly. On June 14, 1996, Tom tells Karen that he hopeshe never sees Diane again. On December 28, 1997, Tom files for divorce onthe ground of living apart.

c. Bill and Susan are married. For over three years, they have been living separatelives due to marital difficulties, although they have continued to live inthe same house. They have separate bedrooms and rarely have anything todo with each other. One of them files an action for divorce on the ground of  living apart.

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Related Book For  answer-question

Null Family Law Cases And Materials

ISBN: 9781599415741

5th Edition

Authors: Judith Areen , Milton C Regan

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