Domestic Relations Flashcards
Children generally have a statutory duty to support their parents in Virginia if they meet what conditions?
1) Must be at least 18 years old.
2) Must have sufficient income.
3) Must have sufficient earning capacity.
Husband owned a residence before marriage. After marriage, he sold the residence and applied $100,000 of the proceeds of the purchase to stock in his name. Over the next five years, the stock increased in value to $150,000 due to economic factors alone. How much of the $150,000 would constitute marital property?
$0.
What factors will a Virginia court consider in determining the equitable distribution of marital property in a divorce action?
Marital fault, tax consequences to each party, and the mental conditions of the parties.
What factor will a Virginia court not consider in determining the equitable division of marital property in a divorce action?
Doctrine of unclean hands.
What is the term used for a countercharge in a suit for divorce based on fault in which the defendant asserts that the complainant has been guilty of an offense constituting a fault-based ground for divorce of the same degree?
Recrimination.
True or False: The character of property as separate or marital property must be determined as of the date the property is acquired.
TRUE.
Newly acquired commingled property is presumed to be marital property unless the property can be traced to its original classification by what standard of proof?
Preponderance of evidence.
The parent-child relationship between a child and a man may be established by scientifically reliable genetic tests, including blood tests, which affirm at least a ____% probability of paternity.
98%.
What law or statute provides the exclusive jurisdictional basis for making a child custody determination by a court in Virginia?
The Uniform Child Custody Jurisdiction and Enforcement Act.
Which of the following best states the standard used for division of marital property in Virginia?
There is no presumption favoring a 50-50 division of property, instead the court must make an equitable distribution based on all the statutory factors, including marital fault.
Parental rights may be terminated when the court has found a child to be neglected, abused, or abandoned if established by _______________.
Clear and convincing evidence.
True or False: Although adoption is wholly statutory in Virginia, Virginia recognizes both legal and equitable adoptions.
FALSE.
(Virginia does not recognize equitable adoptions).
If the child-placing agency with custody of the child consents, a court must accept the petition of foster parents for the adoption of a child who has resided continuously in their home for at least _______ and whose parents’ parental rights have been terminated.
12 months.
At the time of the marriage, Husband owned 50% of the stock of a closely held corporation. Over the course of the marriage, the stock, through Husband’s active efforts, increased in value from $231,000 to $449,000. At the time of divorce, assuming Husband can trace his separate property interest how much of the $449,000 would constitute marital property?
$218,000.
True or False: A degree or license to practice a profession is recognized in Virginia as property for equitable distribution purposes.
FALSE.
