Domestic Relations Flashcards
Children generally have a statutory duty to support their parents in Virginia if they meet the following conditions:
Must be at least 18 years old
Must have sufficient income
Must have sufficient earning capacity
NOT: Must have present, full-time employment
Husband owned a residence before marriage. After marriage, he sold the residence and applied $100,000 of the proceeds to the purchase of 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
Which of the following factor(s) will a Virginia court not consider in determining the equitable distribution of marital property in a divorce action (select all that apply)?
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.
False
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, except in the case of 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
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
6 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
Which of the following will not preclude a court from granting a divorce grounded in adultery?
The parties have been separated for less than one year after the act of adultery
If a child is ________ years of age or older, their consent to an adoption will be neces-sary, unless the court finds that the child’s best interests will be served by not requiring such consent
14
TRUE or FALSE: In a custody dispute where one parent adopted the child and the other is the biological parent, there is a presumption in favor of the biological parent
False
TRUE or FALSE: Virginia has abolished the common law defense of interspousal immunity in tort for all causes of action
True
When separate property becomes commingled with marital property and loses its separate identity, it becomes marital property under what doctrine?
Transmutation
In any action to establish parentage, what is the appropriate standard of proof
Clear and convincing evidence
