Bar (everything)

Question 1

If the marriage does not take place, __________ must be returned.

Answer 1

Engagement gifts (those made in anticipation of marriage)

If the marriage does not take place, engagement gifts (those made in anticipation of marriage) must be returned.

Question 2

Procedural Requirements for Marriage:

1) __________
2) __________

Answer 2

Procedural Requirements for Marriage:

1) License
2) Solemnization

Question 3

Common Law Marriage requirements:

1) __________
2) __________
3) __________

Answer 3

Common Law Marriage requirements:

1) An exchange of consents between two people with capacity
2) Cohabitation;
3) A holding out publicly of living together as spouses

Question 4

Void vs. Voidable:

If either party already has another living spouse at the time the parties are married, the marriage is _________.

Answer 4

Void as bigamy.

If either party already has another living spouse at the time the parties are married, the marriage is void.

Question 5

Void vs. Voidable:

A ____ marriage is a complete nullity. No subsequent act may ratify it.

Answer 5

Void.

A void marriage is a complete nullity. No subsequent act may ratify it.

Question 6

Void vs. Voidable:

A _____ marriage is deemed valid, but because of an impediment that existed at the time of the marriage, one of the spouses may bring an action to have the marriage declared invalid.

Answer 6

Voidable.

A voidable marriage is deemed valid, but because of an impediment that existed at the time of the marriage, one of the spouses may bring an action to have the marriage declared invalid.

Question 7

Void vs. Voidable:

A marriage between parties who are too closely related is __________.

Answer 7

Void as Consanguinity/incest.

A marriage between parties who are too closely related is Void.

Question 8

Void vs. Voidable:

A marriage between two parties where one spouse is physically incapable of normal sexual relations is ______.

Answer 8

Voidable as Incurable Physical Impotence.

A marriage between two parties where one spouse is physically incapable of normal sexual relations is voidable.

Question 9

Void vs. Voidable:

A marriage between two parties where one party is under the statutory age and married without receiving the required consent is usually ___________.

Answer 9

Voidable as Nonage.

A marriage between two parties where one party is under the statutory age and married without receiving the required consent is usually Voidable.

Question 10

Children of an anulled marriage are ________ children.

Answer 10

Marital.

Children of an anulled marriage are marital children.

Question 11

No Fault Divorce requires:

1) __________
2) __________

Answer 11

No Fault Divorce requires showing that:

1) Marriage is irretrievably broken
2) Parties have been living apart for specified time

Question 12

The Fault grounds for divorce include:

1) __________
2) __________
3) __________
4) __________
5) __________

Answer 12

The Fault grounds for divorce include:

1) Adultery
2) Willful Desertion
3) Extreme Physical/Mental Cruelty
4) Voluntary drug/alcohol addiction
5) Spouse’s mental illness

Question 13

Defenses to Fault grounds for divorce:

1) __________
2) __________
3) __________
4) __________

Answer 13

Defenses to Fault grounds for divorce:

1) Collusion
2) Connivance
3) Condonation
4) Recrimination

Question 14

Defenses to Fault grounds for divorce:

Collusion is…
__________________________________

In some jurisdiction, collusion will prevent ________________________________________.

Answer 14

Defenses to Fault grounds for divorce:

Collusion is an agreement between the spouses to simulate grounds for divorce or to forgo raising a valid defense.

In some jurisdiction, collusion will prevent the granting of a divorce.

Question 15

Defenses to Fault grounds for divorce:

Connivance is…
__________________________________

Answer 15

Defenses to Fault grounds for divorce:

Connivance is the willing consent by one spouse to the other spouse’s misconduct. Usually limited to adultery cases.

Question 16

Defenses to Fault grounds for divorce:

Condonation is…
__________________________________

The essential element of this defense is…
__________________________________

Answer 16

Defenses to Fault grounds for divorce:

Condonation is the forgiveness of marital offenses with full knowledge of their commission.

The essential element of this defense is Resumption of marital relations after the forgiveness.

Question 17

Defenses to Fault grounds for divorce:

Recrimination is…
__________________________________

In the modern trend, courts generally… __________________________________

Answer 17

Defenses to Fault grounds for divorce:

Recrimination is a defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted.

In the modern trend, courts generally do not recognize or apply this defense.

Question 18

Three approaches to Division of Property after a divorce:

1) __________
2) __________
3) __________

Answer 18

Three approaches to Division of Property after a divorce:

1) Community Property
2) Equitable Division of Property
3) Equitable Division of Marital Property

Question 19

Property owned prior to the marriage or property acquired during the marriage by specific gift, bequest, or descent is is considered __________.

Answer 19

Separate Property.

Property owned prior to the marriage or property acquired during the marriage by specific gift, bequest, or descent is is considered Separate Property.

Question 20

Marital Property is all property acquired during the marriage that does not fall under Separate Property.

After divorce, marital property is subject to _________ distribution by ____________.

Answer 20

After divorce, marital property is subject to equal distribution by the court.

Question 21

Types of Spousal Support:

1) __________
2) __________
3) __________
4) __________

Answer 21

Types of Spousal Support

1) Permanent
2) Rehabilitative
3) Lump Sum
4) Reimubursement

Question 22

1. Permanent child support payments are paid regularly for ___________________.
2. Modification: Permanent child support payments _______.
3. Permanent child support payments terminate upon ______________________.

Answer 22

1. Permanent child support payments are paid regularly for the lifetime of the recipient.
2. Permanent child support payments are modifiable upon substantial change in circumstances.
3. Permanent child support payments terminate upon death of either spouse or remarriage of recipient spouse.

Question 23

1. Rehabilitative child support payments are paid regularly for ___________________.
2. Modification: Rehabilitative child support payments _______.
3. Rehabilitative child support payments terminate upon ______________________.

Answer 23

1. Rehabilitative child support payments are paid regularly for a limited period of time.
2. Rehabilitative child support payments are modifiable upon substantial change in circumstances.
3. Rehabilitative child support payments terminate upon death of either spouse or remarriage of recipient spouse.

Question 24

1. Lump sum child support payments are paid ___________________.
2. Modification: Lump sum child support payments _______.
3. Termination: Lump sum child support payments __________________.

Answer 24

1. Lump sum child support payments are paid either all at once or in a series of payments.
2. Modification: Lump sum child support payments are non-modifiable.
3. Lump sum child support payments survive the death of either spouse.

Question 25

1. Reimbursement child support payments are paid ___________________.
2. Modification: Reimbursement child support payments _______.
3. Termination: Reimbursement child support payments __________________.

Answer 25

1. Reimbursement child support payments are paid either all at once or in a series of payments.
2. Modification: Reimbursement child support payments are non-modifiable.
3. Reimbursement child support payments survive the death of either spouse.

Question 26

The amount of child support payment is usually arrived at by the use of formula weighing the factors:

1) __________
2) __________
3) __________

Answer 26

The amount of child support payment is usually arrived at by the use of formula weighing the factors:

1) Number of children
2) Children’s ages and special needs
3) Parent’s incomes

Question 27

What is the relation between child support obligations and visitation rights?

Answer 27

Child support obligations are independent from visitation rights.

Visitation may not be withheld based on non-payment.

Question 28

Termination of Duty to Support:

When does the duty of child support cease?

Answer 28

Generally, the duty to support a child ceases upon the child’s emancipation, usually at 18 years old.

Child support may also terminate upon the termination of parental rights, or the child’s marriage if before emancipation age.

If a child is severely disabled, child support payments may be indefinite.

Question 29

Modification of Spousal Support

Modification of Spousal Support requires _____________________________.

Answer 29

Modification of Spousal Support requires “substantial change in circumstances” regarding the needs of recipient spouse or ability of payor spouse to pay.

Question 30

Modification of Child Support

Modification of Child Support requires _____________________________.

Answer 30

Modification of Child Support requires “substantial change in circumstances” regarding the needs of the child or ability of parent to pay.

Question 31

Nonpayment of child support may be enforced by _____________________________.

Answer 31

Nonpayment of child support may be enforced by civil contempt generally, or criminal contempt if non-payment is willful.

Question 32

A Court has jurisdiction to initially enter or modify child custody/visitation order if the state:

1) __________
2) __________

Answer 32

A Court has jurisdiction to initially enter or modify child custody/visitation order if:

1) The state is the child’s home state
2) The state was the child’s home state within the past 6 months and though the child is absent, a parent/guardian continues to live in the state

Question 33

For custody purposes, a child’s home state is the state in which ___________________________________.

Answer 33

For custody purposes, a child’s home state is the state in which the child lived with a parent for six consecutive months immediately before the commencement of the proceeding.

Question 34

The standard applied in awarding custody and visitation is ______________________________.

Answer 34

The standard applied in awarding custody and visitation is Best Interest of the Child.