Question
Ann Marie has come to meet with Attorney Kelley regarding her desire to divorce her husband, Shawn, who after twenty years of marriage has revealed that he is having an affair with his administrative assistant. Ann Marie and her husband have two children, ages 4 and 8. Ann Marie is employed as a bank manager and her husband is a dentist. Ann Marie says that it is fine with her if Shawn wants a divorce because she certainly doesn’t want to remain married to him. She also says that under the circumstances, she should have no trouble getting alimony, most of their property, and custody of the children since she is their mother and a judge will want to punish Shawn for having an affair. In the contemporary family law context, which of the following statements is accurate with respect to this situation?
A Even with no-fault divorce, the courts in all states still pay maximum attention to marital fault so Ann Marie should receive all of the parties’ marital property.
B Because he is the man and viewed as the breadwinner in the family, Mark will be ordered by the court to pay alimony.
C Ann Marie is correct in assuming that she will be granted custody since she is the children’s mother.
D None of the above statements are accurate.
E All of the above statements are accurate.
This question is taken from Paralegal 018 – Family Law » Fall 2019 » Exam 1
