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Homework answers / question archive / Mary Mother comes into your office, and wants to talk about divorcing her husband, Fred Father

Mary Mother comes into your office, and wants to talk about divorcing her husband, Fred Father

Law

Mary Mother comes into your office, and wants to talk about divorcing her husband, Fred Father. The parties were married in Tampa, Fl on July 4, 1995. There are no minor children of the marriage, but there is a 19 year old autistic child (boy) that lives with the parties. The parties lived together in China (teaching English) from 1995 until November 1, 2022. On November 1, 2022, they both moved back to Florida, with the parties each residing in different marital properties.

 

Mary lives in the marital home in Brandon, Fred lives in the downtown Tampa condo, and both are worth the same. Mary has one account with 10K in it that she has kept separate from the marriage and was a gift to her from her departed grandmother before the marriage. Both are employed monthly and make equal salaries and rotate taking care of their son on a weekly basis, so they spend equal amount of time and money with him and on him. Both also contribute equally to a trust fund to support the child after they die with both parties listed on the trust. Both drive vehicles that are equal in value. Mary says she and Fred have discussed things and they want to divorce in an uncontested fashion as she thinks they can agree on all issues.   

 

  1. Does FL have jurisdiction, if so why, if not why not? If a problem, what can be done to cure any jurisdiction problem?
  2. Discuss what type of parenting plan you would suggest and include any relevant issues given the above facts.
  3. Discuss if child support applies here, and why or why not.
  4. Discuss any issues of equitable distribution that may apply.
  5. Discuss any post divorce issues the parties should discuss and possible agree upon, or incorporate into the settlement agreement.

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