Domestic Relations

Question 1

A spouse is entitled to an annulment if, at the time of marriage, and without her knowledge, her spouse conceived a child with someone else within….

Answer 1

10 months of the date of the solemnization of the marraige.

Question 2

One may be entitled to an annulment if their spouse had been convicted of a felony prior to marraige…

Answer 2

to which they were unaware of.

Question 3

An annulment cannot be granted if, after learning of a fact that would entitle the spouse to seek an annulment,….

Answer 3

that spouse continued to cohabitate with the bad-acting spouse.

Question 4

Marital property is determined as of the date of the…

Answer 4

last separation of the parties.

Question 5

Property acquired after separation should be treated as…

Answer 5

separate property.

Question 6

One spouse’s funds may be treated as marital due to that spouse’s efforts to…

Answer 6

conceal the funds or defraud their spouse.

Question 7

The Juvenile & Domestic Relations District Court and the Circuit Court have….

Answer 7

concurrent jurisdiction over support orders.

Question 8

After a Juvenile Court issues custody or support, it is divested of jurisdiction when a party files suit for divorce asking for custody to be decided by a circuit court but only after….

Answer 8

a hearing is set by the circuit court for a date certain to be heard within 21 days of filing.

Question 9

The Juvenile Court continues to have jurisdiction to enforce its…

Answer 9

valid orders prior to the entry of a conflicting order of the circuit court.

Question 10

Contempt is when one…

Answer 10

acts in a way disrespectful of the court or its process, or which obstructs the administration of justice.

Question 11

The power to punish for contempt is….

Answer 11

inherent in the court.

Question 12

The court has broad discretion when deciding whether to exercise its….

Answer 12

contempt powers.

Question 13

If one is ordered to pay child support and fails to do so after properly receiving service, the court may find to…

Answer 13

hold them in contempt of court.

Question 14

Where the parties have a minor child and one plans to file for divorce, they must demonstrate that…

Answer 14

they have lived separate without any cohabitation and without interruption for one year.

Question 15

A party is entitled to a divorce based on willful desertion or abandonment after….

Answer 15

one year from the date of such act.

Question 16

Desertion is a breach of matrimonial duty that requires a showing of…

Answer 16

the actual breaking off of the matrimonial cohabitation coupled with an intent to desert in the mind of the deserting party.

Question 17

Matrimonial cohabitation refers to…

Answer 17

sexual relations, continuing cohabitation, and carrying out the mutual responsibilities of the marital relationship.

Question 18

The Supreme Court explained that desertion could be established where there was a…

Answer 18

willful withdrawal of the privilege of sexual intercourse, without cause or excuse, when such withdawal is accompanied with willful breach and neglect of marital or significant duties.

Essentially – a total destruction of home life which renders the marraige intolerable and impossible.

Question 19

Constructive desertion generally can be established by…

Answer 19

cruelty on the part of one spouse that justifies the other spouse’s decision to discontinue marital cohabitation.

Question 20

If one spouse suffers from a significant deterioration in their physical health as a result of their spouse’s conduct and thus decides to leave, the court may find this sufficient to establish…

Answer 20

grounds for constructive desertion.

Question 21

Where a Juvenile Court has properly issued a custody order, a subsequent request for for a custody order accompanying a divorce in Circuit Court should be treated as a….

Answer 21

modification, rather than a de novo review of a custody determination.

Question 22

If a court determines there is a change of circumstances, requiring a new custody order, they must apply the….

Answer 22

statuatory best interest factors.

E.g., age and needs of child; existing relationship between each parent and child; role that each parent played in child’s upbringing; propensity of each parent to actively support the child’s contact with the other parent; and the willingness of each parent to maintain a close and continuing relationship with the child.

Question 23

Does Virginia impose a presumption in favor of mothers when awarding custody?

Answer 23

NO.

The court relies on the “best interest factors.”

Question 24

Is there a rule that prohibits awarding custody to a parent involved in an adulterous relationship?

Answer 24

No.

Question 25

In evaluating a child’s preference to live with a particular parent, the court will only consider this preference if the child is…

Answer 25

of reasonable intelligence, understanding, age and experience to express such a preference.

Question 26

Virginia courts routinely give deference to children’s opinions if they are….

Answer 26

teenagers.

but there is no specific age at which the courts afford such deference.

Question 27

Upon the application of either party, the court can grant a divorce on the grounds that the parties had been….

Answer 27

separated for more than a year.

Question 28

When multiple grounds are demonstrated in a divorce proceeding, the decision….

Answer 28

rests with the sound discretion of the judge to determine which grounds to grant the divorce upon.

Question 29

The court shall determine the value of property for equitable distribution as of the date of the….

Answer 29

evidentiary hearing, unless a motion was filed no later than 21 days before the hearing.

Question 30

In the interests of obtaining a just and fair result, can the court use a valuation date other than the evidentiary hearing?

Answer 30

Yes, to attain the ends of justice.

Question 31

An incease in value of separate property continues to be separate property if not….

Answer 31

attributable to the personal effort of either party or contributions from marital property.

Question 32

To make separate property marital, any personal efforts made by a party must be….

Answer 32

significant, and result in a substantial appreciation of the separate property.

Question 33

Personal effort by a party includes…

Answer 33

labor, effort, inventiveness, physical skills, intellectual skills, creativity, managerial activity, or marketing activity applied directly to the separate property.

Question 34

When attempting to prove that separate property increased during marraige due to personal effort, the non-owning spouse has the burden of proving that….

Answer 34

any contributions of marital property or personal efforts were made and that there was in increase in the value of that property.

Question 35

If the non-owning spouse meets their burden, the owning spouse…

Answer 35

then has the burden to prove the increase in value was not caused by contributions of marital property or personal efforts.

Question 36

If the value of separate property increases due purely to market forces, it will be considered as….

Answer 36

continued separate property.

Question 37

When determining if spousal support should be granted, the court must consider….

Answer 37

the statuatory factors set forth.

(look to the respective degrees of fault of each party, the relative economic circumstances of the parties, and the amount of time married).

Question 38

No maintenance and support should be awarded from a party if there exists, in that party’s favor, a ground of divorce for….

Answer 38

adultery.

Question 39

Does a divorce decree need to be issued on the grounds of adultery for the spousal support rule to apply?

Answer 39

No.

Question 40

A court may make a spousal support award, notwithstanding adultery, if the court determines from….

Answer 40

clear and convincing evidence that a denial of support and maintenance would constitute a manifest injustice.

Question 41

If the trial court fails to cite sufficient findings in making a spousal support award then…

Answer 41

the Court of Appeals could find that the trial court erred and would remand the case for further findings.

Question 42

Every parent owes a duty of support for a child and the child support guidelines are the…

Answer 42

presumptive amount of child support.

Question 43

If a parent has less than 90 overnights with a child per year, the trial court would calculate child support based upon….

Answer 43

the sole custody guidelines.

Question 44

If there is a sufficient reason to deviate from the child support guidelines, then the trial court may do so after….

Answer 44

making written findings that the guidelines would be unjust or inappropriate in the case.

Question 45

The court granting the child custody order retains continuing jurisdiction to amend child support orders based upon….

Answer 45

material changes in circumstances.

Question 46

Can a parent waive child support?

Answer 46

NO

Question 47

Agreements between parties regarding child support will not be upheld if they contain…

Answer 47

a waiver of child support.

Question 48

All marraiges where either party already has a living spouse will be…

Answer 48

absolutely void, without any decree of divorce.

“Bigamous marraige”

Question 49

No request for modification of spousal support based on a material change in circumstances or on the terms of a contract shall be denied solely….

Answer 49

on the basis of the contract, unless such contract expressly states the amount or duration of spousal support is non-modifiable.

Question 50

As with child support, the Court is not precluded by terms of an agreement to change the terms of….

Answer 50

custody and visitation arrangements.

Question 51

Where one spouse’s consistent and ongoing verbal abuse takes a measurably emotional toll on the mental health of the other spouse such that she seeks psychological treatment and becomes fearful for her health and safety, the fault grounds for divorce most likely to succeed is….

Answer 51

constructive desertion.

Question 52

A claim for constructive desertion requires conduct…

Answer 52

so egregious as to warrant leaving the marital home, but it does not require actual psychical abuse or assault.

Question 53

For a successful divorce claim on the grounds of cruelty, the claim requires acts…

Answer 53

that tend to cause bodily harm.

Question 54

In a claim for divorce on the fault-based ground of Adultery, the act of adultery must be proved by….

Answer 54

clear and convincing evidence.

Question 55

A claim for cruelty justifying divorce must be proved by….

Answer 55

a preponderance of the evidence.

Question 56

The standard of proof for fault grounds of desertion for a divorce is….

Answer 56

preponderance of the evidence.

Question 57

When a fault-based divorce is on the grounds of Desertion or Cruelty, what period of living separate and apart is required before the final divorce will be granted?

Answer 57

1 year.

Question 58

Upon proof of adultery, the court can grant…

Answer 58

an immediate divorce.

Question 59

Where there are no children and there is a separation agreement, a no-fault divorce may be granted so long as…

Answer 59

the parties have lived separately for a continuous 6 months.

Question 60

Fault-based grounds for divorce must be…

Answer 60

corroborated with evidence.

Question 61

“Manifest injustice” is a discretionary standard applied by the judge that is generally…

Answer 61

not disturbed on appeal.

Question 62

The value of marital property is determined on the date of…

Answer 62

the equitable distrubution hearing.

Question 63

When multiple grounds of divorce are demonstrated, the decision of which ground to grant…

Answer 63

rests within the sound discretion of the judge.

Question 64

The UCCJEA vests exlusive jurisdiction for child custody litigation in the courts of….

Answer 64

a child’s home state.

Question 65

A child’s home state is the state where…

Answer 65

the child has lived with a parent or person filling the role of parent for 6 consecutive months prior to the commencement of the first custody proceeding.

Question 66

The UCCJEA also establishes a process for determining….

Answer 66

what court has jurisdiction, and it institutes uniform procedures to enforce child-custody orders across state lines.

Question 67

While Virginia courts are required by statute to give regard to the parent-child relationship, third persons with a legitimate interest may be awarded custody upon a showing by….

Answer 67

clear and convincing evidence of the best interests of the child.

Question 68

Virginia courts have set out factors to rebut that a natural parent is most fit for custody. They are…

Answer 68

1. Parental unfitness;
2. A previous order of divestiture;
3. Voluntary relinquishment;
4. Abandonment; and
5. Special facts and circumstances constituting an extraordinary reason for taking a child from its parent.

Question 69

Once a third person rebuts the presumption that a natural-born parent is the most fit for custody, the parties….

Answer 69

will be on equal footing with the court, and the court will weigh the “best interest” child custody factors.

Question 70

(TRUE/FALSE): Sexual encounters during marital separation do not postpone the permitted filing date for a no-fault divorce.

Answer 70

TRUE – so long as they do not constitute a resumption of cohabitation.

Question 71

A no-fault divorce may be granted if the parties…

Answer 71

lived separate and apart for a period in excess of one year without cohabitation and without interruption, with the intent of at least one that the separation be permanent.

Question 72

If a father suspects that a child he raised is not biologically his, when he divorces the mother, will he have to pay child support?

Answer 72

Yes – until he brings a paternity suit and the court relieves him of the obligation.

Question 73

One should file divorce in the circuit court of the…

Answer 73

county or city where the marital home was, or in the county or city where the other party resides.

Question 74

Virginia courts can grant a divorce when one of the spouses is a Virginia domiciliary and has been a bonafide resident of Virginia for at least six months. This is called an….

Answer 74

in rem divorce

Question 75

An in rem divorce may be noticed by….

Answer 75

publication.

because it does not require personal jurisdiction.

Question 76

Contrary to divorce, any award of spousal support is an….

Answer 76

in personam right.

Question 77

A spousal support award where there was no in personam jurisdiction will be….

Answer 77

void ab initio.

Question 78

Virginia law permits married persons to enter into agreements settling the rights between them, and such agreements become valid enforceable contracts once….

Answer 78

reduced to writing and executed by both spouses.

Question 79

If a separation agreement is not incorporated into a divorce decree, to enforce such agreement, a party may file suit for…

Answer 79

breach of contract or specific performance.

Question 80

After obtaining a judgment for unpaid spousal support, one may utilize…

Answer 80

post-judgment collection procedures.

Garnishment, judgment liens, etc.

Question 81

(TRUE/FALSE): A criminal conviction will not revoke a parent’s right to custody or visitation.

Answer 81

TRUE – unless the court determines that it is not in the child’s best interests to see this parent.

Question 82

(TRUE/FALSE): The fact alone that one is a biological parent entitles them to visitation of a child.

Answer 82

FALSE – the child’s best interests supersede.

Question 83

If a grandmother cannot prove by clear and convincing evidence that, without her visitation, the child would be harmed, she then will have the burden to prove….

Answer 83

by a preponderance of the evidence, whether visitation by her is in the childs best interests.

Question 84

Is irreconcilable differences a ground for divorce in Virginia?

Answer 84

NO.

Question 85

Accompanying a continuous separation of spouses for a year must be….

Answer 85

intent that the separation be permanent.

Question 86

If a spouse contributes to the marital home only through their contributions to bills/mortgage from a joint bank account to which both incomes contribute, should they be entitled to an interest in the marital home?

Answer 86

Yes, the increase of the separate property (home) becomes marital to the extent that martial funds (joint account) increased the value of the property.