Divorce Law and Terminology

Question 1

How many states currently have “no-fault” divorce?

Answer 1

All of the states, and 22 also have “at fault” divorce.

Question 2

Name three types of Alternative Dispute Resolution

Answer 2

Mediation - Working together to agree on issues
Arbitration - a 3rd party imposes the agreement on parties
Collaborative- a team reaches an agreement together and agrees the divorce will not be litigated.

Question 3

The act of forgiving one’s spouse for wrongdoing that could be the grounds for divorce is called

Answer 3

Condonation

Question 4

What is the key document used to collect financial data?

Answer 4

Financial Affidavit

Question 5

What is the testimony of a witness taken out of court and under oath and reduced to writing called

Answer 5

Deposition

Question 6

How many states have no required separation period

Answer 6

26

Question 7

Which States have adopted community property laws?

Answer 7

TWIN CAN LAW - Texas, Washington, Idaho, Nevada, California, Arizona, New Mexico, Louisiana, Alaska, and Wisconsin.
Alaska and Wisconsin have unique/special treatment.

Question 8

Temporary Orders

Answer 8

Also know as Pendente Lite Support

Question 9

Temporary Orders

Answer 9

Orders granting relief between the filing of the divorce and the judgment

Question 10

How is marital property normally defined

Answer 10

All property acquired during marriage regardless of title or purchaser.
Can also include the increase in the value of separate property
Also includes separate property that has been co-mingled.

Question 11

How is separate property defined?

Answer 11

Property acquired prior to the marriage
Property inherited either prior to or during the marriage.
Gifts received

Question 12

What does comingle mean?

Answer 12

To blend or to mix together things of different types. To make a presumptive gift of separate property to one’s spouse.

Question 13

What does subpoena mean?

Answer 13

It is a writ or court order ordering a person to attend a court.

Question 14

Interrogatories?

Answer 14

Interrogatories are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case.

Question 15

Domestic Relations Order (DRO)

Answer 15

Is a judgment, decree, or order (including the approval of a property settlement) that is made pursuant to the state domestic relations law and that relates to the provision of child support, alimony payments, or marital property rights for the benefit of a spouse, former spouse, child, or other dependent of a participant.

Question 16

Discovery

Answer 16

Discovery occurs during the pre-trial phase of a divorce. It can be informal or formal. In the formal process, each side obtains information and evidence from the other side.

Question 17

Deposition

Answer 17

A deposition usually takes place in a lawyer’s office with a court reporter. The witness swears to tell the truth. The purpose of a deposition is to provide the lawyer with insight into both how a witness will testify at trial and what the witness will say. Deposition testimony can be used at trial to impeach a witness.

Question 18

Community Property Division

Answer 18

Marital property is divided 50/50

Question 19

Equitable Property Division

Answer 19

Distribution is equitable - not necessarily equal or 50/50

Question 20

What state does not recognize legal separation?

Answer 20

Texas

Question 21

Required for common law marriage

Answer 21

State must recognize
Must hold each other out as husband and wife
Is not simply cohabitating for a specific term

Question 22

States that recognize common-law marriage

Answer 22

Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia

Question 23

Complainant is another name for

Answer 23

Plaintiff - the one who files for divorce

Question 24

What is Collusion

Answer 24

An agreement between 2 or more parties where one party brings false charges against the other - for example, saying there was adultery or physical abuse.

Question 25

Who qualifies an expert witness

Answer 25

The judge, although it is possible for the lawyers to stimulate to the witnesses qualifications.

Question 26

What is the correct sequence of the basic steps of direct examination?

Answer 26

Explain assignments, explain procedures and assumptions, summarize work, and admit exhibits.

Question 27

What is the purpose of temporary order?

Answer 27

To provide support for the family while permanent orders are pending.