Bar Exam (U.S) Family Law: Monty and Sarah have been married for twelve years. Until a year ago,...

Question

Monty and Sarah have been married for twelve years. Until a year ago, they were happily married. Within the last year, Monty has been going through a midlife crisis. He has begun driving a red sports car, he has gotten hair implants, and he has begun hanging out at adult clubs with his close friend Hugh.

Sarah has become very unhappy and has decided to seek a divorce. If Sarah wishes to base her divorce on the grounds of cruelty in a state that permits such a ground, you as her attorney should advise her that which of the following would support her claim?

I. Monty has insulted her frequently, using expletives and calling her a prostitute.

II. Monty has refused to engage in sexual relations with her, telling her that he finds the women at the adult clubs much more attractive.

III. Monty has criticized Sarah on a daily basis, telling her that she needs to lose weight, wear tighter clothing, and put on makeup. He has also told her that she must put up with his criticism because, if he leaves her, she will never find another man.

IV. Monty has hit Sarah on four different occasions, breaking her nose on one occasion and bruising her on two others.

Assume for the purposes of this question only that Monty and Sarah secretly agree that they want a divorce. Assume also that Sarah is not a prostitute. However, Monty and Sarah live in a state that requires grounds for a divorce other than irreconcilable differences. They agree to enter into a public argument at a food court in their local shop ping mall. In front of dozens of people, Monty calls Sarah a prostitute and strikes her across the face. Will Sarah have grounds for a divorce?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Yes, because Monty hit her.
  2. B
    Correct Answer
    Yes, because Monty falsely accused her of a crime.
  3. C
    Correct Answer
    No, because the actions do not meet the standards to permit a divorce.
  4. D
    Correct Answer
    No, because, due to the parties' collusion, no actual cruelty took place that would constitute grounds for divorce.
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