Model Research Plan

The following is what I think of as a very good initial research plan for the problem we discussed
during orientation. In case youve forgotten the fact pattern, here it is:
J ack and J ill were high school sweethearts from Palm Beach, Florida. Once they graduated,
they got married. They had twins named Tuesday and Wednesday. After ten years of
marriage, J ack began to suspect J ill of cheating with his best friend, J ohn. J ack came home
from work early one day and began snooping in his wifes nightstand, where he knew she
kept her diary. J ack read the diary. The diary detailed J ills sexual encounters with J ohn.
When J ill comes home, J ack confronts her about having an affair with J ohn. After J ill denies
the affair, J ack shows her the diary and says, I read all about you and J ohn. J ill knows she
is caught. That night, J ack tells J ill that he wants a divorce. He takes the diary and his clothes
and leaves the house.

You are a family law attorney, and J ack has just retained your services and relayed this
sordid tale. He would like to file for divorce, and he believes that J ill plans to ask for
alimony. His first question for you is whether he can be required to pay alimony if J ill
committed adultery. Do Florida courts consider adultery as a factor when granting an
alimony award?
As you can see from what I have written below, creating a research plan like this requires a
certain amount of knowledge on the part of the researcher. Sometimes that knowledge will come
from a pre-existing familiarity with the case or the area of law. But you often dont have that
familiarity, particularly early in your career.
Step One: Formulate a Research Plan
Nature and relationship of the parties:
o J ack: Petitioner, husband and father, married to J ill.
o J ill: Respondent, wife and mother, married to J ack.
o J ohn: Is he a party? Probably not, but maybe a witness.

J urisdiction:
Almost certainly Florida state law, but we should take note of the fact that there are often
ramifications in areas of federal law (e.g., taxation, bankruptcy).

Palm Beach is in Palm Beach County, which is part of Floridas Fifteenth Circuit, which falls
under the purview of the Fourth District Court of Appeal. All of these are subject to the
precedents of the Florida Supreme Court.
NOTE: More about the court structure when we talk about case law research in week 4.
Area(s) of law:
o Domestic relations
o Family law
o Marriage law
o Divorce

Key search terms and phrases (plus word variations):
o Adultery, infidelity, unfaithful, affair
o Alimony, spousal support, spousal maintenance
o Divorce, separation, dissolution
o Married for ten years
o Diary
o Children, minor children
o Other things that we dont even know yet?
What if J ack committed adultery as well?
What if J ack is abusive?
What if J ill already asked for a divorce and told J ack she was leaving him?
What if they agreed to some kind of open relationship?
What if J ill already makes more money than J ack?
What else isnt J ack telling us?