Domestic Relations Essay Rules

Question 1

T/F If there are multiple grounds for divorce, the trial court can use its discretion in deciding the grounds which divorce will be granted

Answer 1

True

Question 2

In making its equitable distribution the court should

Answer 2

1) Determine ownership and value of all property, and whether that property is marital or separate property

2) Determine the rights and interests of each party in the marital property, and whether an award of marital property in favor of either party is warranted; and

3) After determining that an award of property is warranted, consider the amount of the award based upon all the statutory factors set out in the governing statute

Question 3

Separate property is

Answer 3

1) All property, real and personal, acquired by either party before the marriage

2) All property acquired during marriage by bequest, devise, descent, survivorship, or gift from a source other than the other party;

3) All property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during marriage is maintained as separate property; and

4) Property acquired after the last separation of the parties

Question 4

Marital property

Answer 4

1) All property titled in names of both parties, whether as joint tenants, tenants by the entirety, or otherwise, and

2) All other property acquired by each party during the marriage that is not separate property

Question 5

T/F Generally, the increase in value of separate property during marriage is also separate property

Answer 5

True

Question 6

Martial effort exception

Answer 6

Increase in value of separate property due to active efforts of either or both spouses during the marriage may be deemed marital property

Question 7

Adultery is an absolute bar to spousal support unless the court determines from _______ that denial of spousal support would constitute ________

Answer 7

Clear and convincing evidence; “manifest injustice”

Question 8

T/F Every parent has a duty to support their minor children under the age of 18

Answer 8

True

Question 9

VA’s child support guidelines base the parties’ child support obligations on the ________ and ________ before the court

Answer 9

Combined gross income of both parents; number of children before the court

Question 10

T/F There is a rebuttable presumption that the award of child support pursuant to the child support guidelines is the correct amount

Answer 10

True

Question 11

To rebut the presumption that the award of child support pursuant to the child support guidelines is the correct amount, the trial court must make

Answer 11

Written findings that application of the guidelines would be unjust or inappropriate under the facts of the case

Question 12

When determining the child support obligation, the court may impute income to

Answer 12

A parent who is voluntarily unemployed or underemployed

Question 13

In a contested case, the trial court must provide ________ on a request for spousal support. Failure to consider all factors is ________

Answer 13

Written findings and conclusions identifying the statutory factors that support the court’s ruling; reversible error

Question 14

The court determines the value of property owned by the parties as of the date of the

Answer 14

Evidentiary hearing on all property issues. However, a different date may be used by the court “to attain the ends of justice”

Question 15

A divorce a vinculo matrimonii may be granted on the application of either party if and when

Answer 15

The spouses have lived separate and apart without any cohabitation and without interruption for one year

Question 16

T/F A party who asked for a divorce based upon a fault ground can, by motion, request a no-fault separation divorce after the required statutory waiting period

Answer 16

True

Question 17

T/F A party can make a motion to change grounds for divorce without formally amending his bill of complaint or crossbill

Answer 17

True

Question 18

VA law directs court to consider specific factors set forth in the relevant statute when making an award of spousal support. These factors include

Answer 18

1) The duration of marriage

2) The monetary and nonmonetary contributions of each party to the marriage

3) The monetary and nonmonetary contributions of each party to the marriage

4) The parties’ earning capacities

5) The age and physical and mental condition of the parties

6) The provisions made regarding marital property, and other relevant factors

Question 19

Upon decreeing a divorce, a VA court can only make an equitable distribution of

Answer 19

The parties’ marital property; it cannot distribute their separate property

Question 20

The UCCJEA has been adopted by a substantial majority of states, including VA, to

Answer 20

Avoid jurisdictional disputes between states in matters of child custody and visitation, to promote interstate cooperation, and to facilitate the interstate enforcement of custody and visitation orders

Question 21

The UCCJEA determines

Answer 21

Initial jurisdiction, substantially restricts judicial power to modify a child custody decree rendered in another state, and requires states to recognize and enforce orders issued in compliance with the Act’s jurisdictional rules

Question 22

The UCCJEA’s most important jurisdictional test focuses on the child’s ________

Answer 22

Home state

Question 23

A child’s home state is the state in which the child

Answer 23

Lived with a parent (or person acting as a parent) for at least six consecutive months immediately before the commencement of the proceeding

Question 24

A court has jurisdiction to initially enter a child custody order if it is in the state that is

Answer 24

1) The child’s home state on the date of the commencement of the proceeding, or

2) Was the child’s home state within six months before the commencement of the proceeding and the child is absent from the state, but a parent or person acting as a parent continues to live there

Question 25

A court must decline to exercise jurisdiction if the party seeking to invoke the court’s jurisdiction has engaged in

Answer 25

Unjustifiable conduct

Question 26

In determining custody and visitation of a minor child, the court must give primary consideration to

Answer 26

The best interests of the child

Question 27

T/F Because parental rights are constitutional rights, there is a presumption that it is in the best interests of the child to award custody to the parents

Answer 27

True

Question 28

Because parental rights are constitutional rights, there is a presumption that it is in the best interests of the child to award custody to the parents. However, this presumption can be rebutted by

Answer 28

Clear and convincing evidence

Question 29

In a child custody contest between a natural parent and a third party, the burden of proof should be placed on ________ to overcome the presumption in favor of parental custody

Answer 29

The third party

Question 30

To overcome the presumption that it is in the best interests of the child to award custody to the parents, the nonparent petitioner must typically show that the biological parent is

Answer 30

Unfit or that the parent’s rights have been or can be terminated. The latter typically requires neglect, abuse, or abandonment

Question 31

If the parental presumption is rebutted (or if there is a dispute between parents), then the court is guided by the ________ for purposes of determining custody or visitation arrangements

Answer 31

Best interests of the child

Question 32

In a best interest analysis, the court considers a wide-range of factors such as

Answer 32

Age and physical and mental condition of the child and parties; the relationshi between each party and the child, the needs of the child, including the child’s relationships with siblings, peers, and extended family members; and the role that each party has played, and will play, in the upbringing and care of the child.

Question 33

T/F Ultimately, the court can consider any factor it deems necessary and proper to the determination of custody or visitation arrangements

Answer 33

True