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PAST VA EXAMS > Domestic Relations > Flashcards

Domestic Relations Flashcards

1
Q

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….

A

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

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2
Q

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

A

to which they were unaware of.

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3
Q

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

A

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

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4
Q

Marital property is determined as of the date of the…

A

last separation of the parties.

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5
Q

Property acquired after separation should be treated as…

A

separate property.

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6
Q

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

A

conceal the funds or defraud their spouse.

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7
Q

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

A

concurrent jurisdiction over support orders.

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8
Q

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….

A

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

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9
Q

The Juvenile Court continues to have jurisdiction to enforce its…

A

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

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10
Q

Contempt is when one…

A

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

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11
Q

The power to punish for contempt is….

A

inherent in the court.

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12
Q

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

A

contempt powers.

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13
Q

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

A

hold them in contempt of court.

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14
Q

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

A

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

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15
Q

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

A

one year from the date of such act.

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16
Q

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

A

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

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17
Q

Matrimonial cohabitation refers to…

A

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

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18
Q

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

A

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.

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19
Q

Constructive desertion generally can be established by…

A

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

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20
Q

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…

A

grounds for constructive desertion.

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21
Q

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….

A

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

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22
Q

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

A

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.

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23
Q

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

A

NO.

The court relies on the “best interest factors.”

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24
Q

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

A

No.

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25
Q

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

A

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

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26
Q

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

A

teenagers.

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

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27
Q

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

A

separated for more than a year.

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28
Q

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

A

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

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29
Q

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

A

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

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30
Q

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

A

Yes, to attain the ends of justice.

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31
Q

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

A

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

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32
Q

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

A

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

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33
Q

Personal effort by a party includes…

A

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

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34
Q

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

A

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

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35
Q

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

A

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

36
Q

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

A

continued separate property.

37
Q

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

A

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).

38
Q

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

A

adultery.

39
Q

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

A

No.

40
Q

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

A

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

41
Q

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

A

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

42
Q

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

A

presumptive amount of child support.

43
Q

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

A

the sole custody guidelines.

44
Q

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

A

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

45
Q

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

A

material changes in circumstances.

46
Q

Can a parent waive child support?

A

NO

47
Q

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

A

a waiver of child support.

48
Q

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

A

absolutely void, without any decree of divorce.

“Bigamous marraige”

49
Q

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….

A

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

50
Q

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

A

custody and visitation arrangements.

51
Q

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….

A

constructive desertion.

52
Q

A claim for constructive desertion requires conduct…

A

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

53
Q

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

A

that tend to cause bodily harm.

54
Q

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

A

clear and convincing evidence.

55
Q

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

A

a preponderance of the evidence.

56
Q

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

A

preponderance of the evidence.

57
Q

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?

A

1 year.

58
Q

Upon proof of adultery, the court can grant…

A

an immediate divorce.

59
Q

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

A

the parties have lived separately for a continuous 6 months.

60
Q

Fault-based grounds for divorce must be…

A

corroborated with evidence.

61
Q

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

A

not disturbed on appeal.

62
Q

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

A

the equitable distrubution hearing.

63
Q

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

A

rests within the sound discretion of the judge.

64
Q

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

A

a child’s home state.

65
Q

A child’s home state is the state where…

A

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.

66
Q

The UCCJEA also establishes a process for determining….

A

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

67
Q

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….

A

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

68
Q

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

A
  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.
69
Q

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

A

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

70
Q

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

A

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

71
Q

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

A

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.

72
Q

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?

A

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

73
Q

One should file divorce in the circuit court of the…

A

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

74
Q

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….

A

in rem divorce

75
Q

An in rem divorce may be noticed by….

A

publication.

because it does not require personal jurisdiction.

76
Q

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

A

in personam right.

77
Q

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

A

void ab initio.

78
Q

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

A

reduced to writing and executed by both spouses.

79
Q

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

A

breach of contract or specific performance.

80
Q

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

A

post-judgment collection procedures.

Garnishment, judgment liens, etc.

81
Q

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

A

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

82
Q

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

A

FALSE – the child’s best interests supersede.

83
Q

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….

A

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

84
Q

Is irreconcilable differences a ground for divorce in Virginia?

A

NO.

85
Q

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

A

intent that the separation be permanent.

86
Q

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?

A

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

PAST VA EXAMS (17 decks)

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