Mary and Larry have been married for nearly thirty years but are now getting divorced.
Mary and Larry have been married for nearly thirty years but are now getting divorced. During their marriage, Larry and Mary played traditional roles: he as the breadwinner and she as the homemaker and primary caretaker of the children. Mary is now 60 and although she obtained a college degree, she currently has no reasonable prospects for entering the labor market. Identify and describe the type of alimony a court will most likely provide to Mary and, as part of your answer, explain the purpose behind such an alimony award. ?
2.Andy and Janet are getting divorced after twenty years of marriage. They have agreed on most issues but property division has been hotly debated. Specifically, they disagree as to whether the following assets constitutes marital property:
a) the couple’s two beagles that they obtained for free from a shelter on their tenth wedding anniversary
b) Janet’s law degree
c) The $40,000 Andy won in the state lottery the day Andy and Janet agreed to separate
Assume that their divorce action is pending in an equitable distribution jurisdiction. State whether each of the assets would constitute marital or separate property and whether the asset will be subject to division upon divorce.
3. In 2017, Sally and John are divorcing and currently engaged in discovery. John (through counsel) has served a request for production of documents upon Sally. One of the requests for production seeks “all documents concerning Sally’s medical records from 1962 to the present.” Identify at least two objections Sally (or her attorney) could raise in response to such a document request. As part of your answer, be sure to explain why Sally/Sally’s attorney could raise those objections.
4.In a divorce action, Elena strongly suspects that her husband, Richard, is concealing assets. In a box at home, she has found a mortgage application he apparently filed recently to get a mortgage on a vacation property in Lake Tahoe. The application confirms her suspicions in that it lists several assets that he claims to possess, which are not listed on his financial statement. Identify and describe at least three forms of formal discovery methods Elena’s lawyer should use to obtain more information about this issue. As part of your answer, be sure to explain those forms of discovery.
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