Hugh is in a vicious battle with Helen over the custody of their young son, Junior. Hugh was told by counsel that the law automatically presumes both parties to be fit, and absent a showing that Helen cannot take care of the child, both parties would be strong contenders for custody. Hugh has decided, through counsel, to ask that Helen, who filed for the divorce, have a mental evaluation for fitness. The court would consider which of the following factors?
a. That Helen's mental condition could demonstrate her inability to properly parent Junior
b. That Hugh didn't attempt to leave the marriage initially, and therefore is a more rational person
c. That Helen is unstable, because she filed for divorce
d. That Hugh is unstable, because he asked for a mental exam for Helen
Question 2
Jackie loves his wife, but he just can't stand to live with her anymore. He still wants to take care of her, but not to share the same abode. His best legal action to resolve this would be:
a. A divorce.
b. An annulment.
c. A separate maintenance action.
d. A marriage dissolution.
