Family

Jewel Lynne Johnson f/k/a Jewel Lynne Smith, age 44, comes to see you because she wants a divorce. She married Stanley David Johnson, age 44, on December 31, 2001, in Las Vegas, Nevada. She wants a divorce because she discovered that while she thought Stanley was away on weekends for business for the past year, Stanley has actually been spending those weekends with his girlfriend, Jasmine Ford, in Jacksonville. Although she has never met Jasmine in person, Jewel has received as many as thirty nasty text messages per day for the last few weeks on her cell phone from Jasmine threatening to beat her up if she doesn’t let Stanley go.

Jewel and Stanley purchased a four bedroom home located at 2318 Southeast 18th Avenue, Ocala, Florida on March 3, 2002 where they resided as a family until Stanley left on September 29, 2018. Jewel is still living in the home. Stanley is living in an apartment in Clermont (Lake County) located at 5966 1st Avenue, Apt. 3C, and Jewel suspects Jasmine is living with him. The purchase price of the home was $250,000.00. There is a mortgage on the home in favor of Wells Fargo Financial, and the parties owe $120,000.00. Jewel thinks the home is currently worth about $225,000.00. They also own two vacant parcels on the St. Johns River that they purchased in 2005. These parcels are not encumbered by a mortgage, and each property is worth about $200,000.00. In 2008, Jewel inherited a house located in Crystal River from her mother located at 333 NW 7th St. Crystal River, Florida. She also inherited her mother’s antique furniture and jewelry worth approximately $10,000.00.

Jewel and Stanley have three children: Stanley David Johnson, Jr., born on July 20, 2002; Savannah Kay Johnson, born on September 4, 2007; and Andrew Jason Johnson, born on February 2, 2016. The children attend public school, and Jewel picks them up from school. Jewel checked into the cost of daycare for Andrew in case she had things to do during the day (she doesn’t work now), and the cost of the daycare was $80.00 per week. Since Stanley left, Jewel has kept the children during the week, and Stanley has taken them several weekends here and there. Jewel never knows when he is going to ask them see them, and sometimes when Stanley tells her he is coming to get them, he doesn’t show up. Jewel says Savannah cries every time Stanley comes to pick her up, and Stanley Jr. has refused to go on several occasions. Stanley pays health insurance for the children in the amount of $300.00 per month.

Jewel began seeing her high school sweetheart, Derrick Smith, in December of 2018 after Stanley left. Jewel has just learned that she is pregnant, and she says the baby is Derrick’s. Stanley does not know she is pregnant. She is considering moving in with Derrick since she cannot pay the bills right now. Derrick has a one bedroom apartment at Tuscany Place, and he has been convicted of possession of marijuana and battery within the past year and is still on probation. He also has a domestic violence injunction against him which was obtained by his former wife. Derrick’s parental rights were terminated in a dependency action with respect to his two children with his former wife. Jewel does not know the details of what happened.

Stanley has given Jewel a total of $2,000.00 since the separation. Jewel has fallen behind with the house payments because she doesn’t work, and Stanley stopped paying the household bills when he moved out. The mortgage payment is $1200.00 per month. When they first met, Jewel was an exotic dancer. She then obtained her real estate license and worked part time as an agent from 1998-2002. In 2002, when Stanley Jr. was born, Jewel stopped working and stayed home to raise the children. Jewel has made no effort to obtain employment since the separation because she does not want to work. Stanley is a doctor employed at Cardiovascular Associates, P.A., 314 NE 3rd St. Ocala, FL, and his net monthly income is $8500.00 per month. The net monthly income for someone making minimum wage is $1350.00.

Stanley and Jewel have credit card debt, and Jewel has been using credit cards since the separation. She believes they owe $10,000.00 on Chase Visa, $5,000.00 on Capital One Visa, $10,000.00 on Discover, and $7,500.00 on American Express. All of the cards are in Stanley’s name, but she is an authorized user.

When Stanley moved out, he took some furniture with him. The majority of the furniture remained in the home, including the Baldwin piano with a value of about $6000.00. Jewel knows how to play, and Savannah is taking piano lessons. Jewel and Stanley each have Rolex watches that they acquired during the marriage. In contemplation of ending things with Stanley, Jewel had them appraised, and hers appraised at $6500.00 while his appraised at $10,000.00. Jewel drives a 2010 Infiniti FX45, fully loaded with 45,000 miles that is paid in full. Stanley drives a 2017 4-door Mercedes CLS550, fully loaded with 30,000 miles, and $15,000.00 is owed on it to Mercedes-Benz Financial. They also have a 2008 Harley Davidson Ultra Classic (Jewel does not know how to ride, she only rides as a passenger), a 2009 Sea Ray Sun 290 Sun Sport boat, and Stanley Jr. has a 2010 FourTrax Rancher 4x4 four-wheeler with power steering. Stanley has a 401k with a value of $50,000.00. All contributions to the 401k were made during the marriage. They have a brokerage account with ETrade with a value of about $120,000.00. The parties also have two dogs, Katie, an Australian Shepherd, and Frasier, a border collie, both of which were acquired during the marriage. Jewel is adamant that she wants to keep both dogs.

Jewel wants to end the marriage, and she wants her name changed back to her maiden name. She wants to know if she can file for annulment instead of divorce because she has heard that is easier. She wants to know if she has to file in Lake County since Stanley moved there. She wants to know what will happen to her new baby. She wants to know what her rights are if she gets divorced, what she can ask for, and how the case will proceed after she files. She wants to know what will happen to the children and the dogs. She tells you that Stanley Jr. wants to testify that he doesn’t ever want to see his dad, and she thinks this should be up to Stanley Jr. She wants Jasmine to stop calling her phone. She doesn’t know what to do because she needs money right now because she can’t pay the bills. She wants to know if there is anything she should do that will help her to have a stronger position in the case if it is contested. She wants to know what other advice you have for her.

ASSIGNMENT:

1. How would you answer Jewel’s questions and what advice would you give her? Draft a letter to Jewel following your consultation answering her questions and providing her advice as if you are the attorney. Include in your letter a request for any additional information you think you may need from Jewel.

2. Draft a Petition for Dissolution of Marriage for Jewel assuming the divorce will be contested.

3. Prepare a Designation of Email addresses.

4. Prepare the Civil Cover sheet to send to the court with the initial filing.

5. Prepare the UCCJEA.

6. Prepare a Certificate of Compliance with Mandatory Disclosure. Assume Jewel has brought you all documents that are applicable to her issues as stated above and that she has filled out a financial affidavit.

7. Draft a Notice of Specific Relief Requested.

8. Draft a proposed Property Settlement Agreement.

9. Draft an Answer and Waiver for Stanley in case the divorce winds up being uncontested.

10. Draft a proposed Final Judgment assuming the parties are able to enter into a property settlement agreement.

11. Calculate child support based on the information you have, and attach your worksheet to your Property Settlement Agreement.

12. Prepare an Income Withholding Order for child support.