Essay Info

Question 1

What is marital property?

Answer 1

All property acquired during the marriage unless acquired through gift, bequest, devise, or descent.

Question 2

Wedding gifts are classified as marital property unless:

Answer 2

The gift is only appropriate for the use of one spouse.

Question 3

Is income/stock from a business marital property?

Answer 3

Yes and an increase in the value of stock will also be included if it took place during the marriage.

Question 4

Is marital property subject to division at divorce?

Answer 4

Yes

Question 5

What is the purpose of spousal support?

Answer 5

To ensure an adequate income stream for the spouse whose economic dependency has resulted from the martial relationship.

Question 6

Is marital fault considered in alimony?

Answer 6

In some states yes, in some state no.

Question 7

7 factors in determining what type and how much marital support to award:

Answer 7

1. Standard of living during the marriage
2. Duration
3. Age/physical/emotional conditions of the parties
4. Financial resources of each party
5. Contribution of each party to the marriage
6. Time needed to obtain education/training for employment
7. Ability of the payor spouse to meet his needs while paying support

Question 8

Who is permanent spousal support awarded to?

Answer 8

Spouses who neither has the resources nor the ability to be self-sustaining.

Question 9

2 considerations in determining the amount of child support:

Answer 9

1. The monetary need of the children

2. The ability to pay

Question 10

How is jurisdiction established over a divorce action?

Answer 10

One of the parties must be a bona fide resident of the jurisdiction where the action is brought (sometimes a durational requirement)

Question 11

When may a court determine out-of-state property rights?

Answer 11

If it has jurisdiction over both parties

Question 12

Most states offer no-fault divorces that allow:

Answer 12

Dissolution of the marriage without regard to marital fault upon a showing the marriage is broken and the parties have lived separate/been apart for a specified period of time.

Question 13

4 requirements of a valid premarital agreement:

Answer 13

1. In writing
2. Voluntary
3. Signed by the party tp be charged
4. Based on full/fair disclosure of each party’s financial worth

Question 14

When is provisional unconscionability determined?

Answer 14

At the time the agreement is formed.

Question 15

Is a provisional waiver of spousal support permitted?

Answer 15

No; it is against public policy

Question 16

Is a court bound by child custody provisions in pre-marital agreements?

Answer 16

No; the court will determine child custody/support based on the best interests of the children

Question 17

7 factors requiring the appropriateness of joint custody:

Answer 17

1. Fitness of both parents
2. Parents ability to communicate and cooperate
3. Children’s preference
4. Level of involvement
5. Geographic proximity
6. Agreement of joint custody
7. The effect on psychological development

Question 18

Is a provision waiving child support permitted in a pre-marital agreement?

Answer 18

No; parents have an equal duty to support that cannot be contracted away.

Question 19

What must a court have to distribute assets between the parties?

Answer 19

Personal jurisdiction

Question 20

When may a court split property?

Answer 20

When the couple was married or had a valid cohabitation agreement.

Question 21

Will a marriage be recognized in other states?

Answer 21

Yes as long as it was valid where entered.

Question 22

4 requirements of common law marriage:

Answer 22

1. An exchange of consent
2. Cohabitation
3. Capacity
4. Holding out publicly of being spouses

Question 23

When will contracts of unmarried cohabitants be enforced?

Answer 23

If sexual relations are not the only consideration for the contract.

Question 24

May a child be adopted without consent of both biological parents?

Answer 24

No; whether consent must be obtained depends on how involved the father was with the child.

Question 25

May an involved unwed father block an adoption claim?

Answer 25

Yes unless the unwed father if found to be an unfit parent.

Question 26

Under the Full Faith and Credit for Child Support Orders Act (FFCCSOA), full faith and credit must be given to another child’s support order if:

Answer 26

The court had jurisdiction over the matter and the parties, and the parties had reasonable notice and an opportunity to be heard.

Question 27

What is the function of the Uniform Interstate Family Support Act (UIFSA)?

Answer 27

State B can enforce State A’s order even though State B does not have personal jurisdiction.

Question 28

What is the function of the Parental Kidnapping Prevention Act (PKPA)?

Answer 28

A state may not modify a custody order if one of the parties continues to reside in the issuing state and, under that states laws, the court continues to have and does not decline jurisdiction.

Question 29

What is the function of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)?

Answer 29

The court that made the initial custody determination has continuing jurisdiction over the matter until either:

1. Neither the child nor the parents reside in the state; or
2. The child no longer has a connection to the state

Question 30

What will warrant modification of a custody order?

Answer 30

Removal of a child from the jurisdiction.

Question 31

5 factors in fashioning a custody and visitation schedule:

Answer 31

1. Wishes of the parents
2. Wishes of the child
3. Relationship of the child with each parent
4. Child’s adjustment to the community
5. Mental/physical health of the parties involved.

Question 32

When is child support modifiable?

Answer 32

When there is a substantial change of circumstances.