Family Law

Question 1

In a common law marriage, the two parties must exchange (i) _________, they must (ii) __________, and they must (iii) _______ _____ as spouses.

Answer 1

(i) consent; (ii) cohabitate; (iii) hold-out

Question 2

A valid premarital contract must be (i) ________, (ii) in ______ and signed by the party to be charged, both parties must have a full and fair disclosure of their (iii) _____ _______, and the economic provisions must be (iv) _____ and _________.

Answer 2

(i) voluntary; (ii) written; (iii) financial worth; (iv) fair and reasonable

Question 3

A marriage can be annulled based on (i) ______ (already married), (ii) co-________ (closely related), (iii) the parties be under _____, (iv) incurable physical ________, (v) lack of mental __________, (vi) lack of _______, (vii) ________ (pressured), and (viii) _____ in inducement.

Answer 3

(i) bigamy; co-sanguinity; (iii) age; (iv) competence; (v) competence; (vi) age; (vii) duress; (viii) fraud

Question 4

A no-fault divorce can be granted if the marriage is (i) ________ broken and the parties have been (ii) ______ ______ for a specified time.

Answer 4

(i) irretrievably; (ii) living apart

Question 5

An at-fault divorce is typically granted based on (i) _______, (ii) ________ (leaving for a specific time), (iii) extreme _____ or _______ cruelty, (iv) ______ or _____ addiction (post-marriage) or (v) _______ illness.

Answer 5

(i) adultery; (ii) desertion; (iii) physical or emotional; (iv) alcohol or drug; (v) mental

Question 6

Divorce is proper in a state if a party is a (i) _____ _____ resident of the state.

Answer 6

(i) bona fide

Question 7

For a divorce, venue is proper in the county in which the spouses (i) _______.

Answer 7

(i) reside

Question 8

In an ex-parte divorce, the divorce decree is valid in other states, but the state cannot issue provisions on (i) ______, (ii) ______ support, (iii) ______ support, etc.

Answer 8

(i) property, (ii) spousal; (iii) child

Question 9

In a community property state, all property acquired during the marriage is (i) _______ on division, and parties keep what they brought in or acquired by (ii) ______ or _____.

Answer 9

(i) split; (ii) gift or bequest

Question 10

The most common method of property division is the equitable division. In this case, all marital property is divided, based on factors including: (i) ____, education, and background and earning capacities; (ii) ______ of marriage; (iii) ______ of living during marriage; (iv) ______ income of both parties and their employability; (v) the source of the money used to purchase property, the (vi) ________ of the parties (wellness), (vii) assets and debts of the parties, (viii) need, (ix) child custody support, (x) ability to acquire future income and assets; (xi) support of marital earnings.

Answer 10

(i) age, (ii) duration; (iii) standard; (iv) current; (v) health

Question 11

In considering spousal support, courts will look to (i) _____ of marriage and _______ of living, (ii) age and ______ and ______ conditions of the parties; (iii) in-marriage ___________; (iv) the time needed to __________; (v) the burden on the _________; and in some states, marital (vi) _______.

Answer 11

(i) duration, standard; (ii) emotional and physical; (iii) contributions; (iv) retrain; (v) payor; (vi) fault

Question 12

There are several types of spousal support. (i) _______ periodic spousal support lasts until the spouse can be self-sustaining. (ii) ________ support is for al limited time while the spouse can retrain and become self-supporting. (iii) ____ ____ payment is a non modifiable, fixed amount, payable all at once (or a series of scheduled payment); (iv) ________ spousal support is awarded to a spouse who supported the other while they obtained a degree / certificate.

Answer 12

(i) permanent; (ii) rehabilitative; (iii) lump sum; (iv) reimbursement

Question 13

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJE) controls. The most important jurisdictional test is the child’s (i) _____ state. The home state is where a child has lived for at least (ii) _____ months immediately prior to the commencement of the proceeding. In determining the six-month test, (iii) _______ absences from the state are disregarded. If the child is now absent, but it was the home state within the last six months and one parent is still present in the state, it still has jurisdiction.

Answer 13

(i) home; (ii) six; (iii) temporary

Question 14

Custody is determined in the (i) _______ _____ of the _____. Factors include the wishes of the (ii) _______, the wishes of (iii) ________ (especially if >12), (iv) adjustment to home, _______, and community, and the (v) _____ and ______ health of all parties.

Answer 14

(i) best interest of the child; (ii) parents; (iii) children; (iv) school; (v) physical and emotional

Question 15

In general, courts try to grant (i) ________ rights to non-custodial parents, except in extreme circumstances. Generally, (ii) _____-parties have no claim, against parental wishes, to visitation rights.

Answer 15

(i) visitation; (ii) third

Question 16

A child is the lawful child of its (i) ______, and is also the lawful child of its (ii) ______ if: the two parents are (iii) ______ at the child’s birth, (iv) the parents marry _____ birth (in some states with the father’s acknowledgement), (v) the father ____-out the child as his biological child, (vi) the father _______ to be on the birth certificate, (vii) the father _______ paternity, or there is a (viii) _____ decree establishing paternity.

Answer 16

(i) mother; (ii) father; (iii) married; (iv) after; (v) holds-out; (vi) consents; (vii) acknowledges; (viii) judicial decree

Question 17

In adoption, the first step is (i) _______ of the biological parents’ rights (consent usually required, but may be waived or legally terminated by another proceeding, like negligect); (ii) then the court must create a legal, new, _______-______ relationship.

Answer 17

(i) termination; (ii) parent-child

Question 18

If a marriage does not occur, gifts made in _______ of marriage must be returned

Answer 18

Contemplation

Question 19

In nearly all states, pre-marital contracts cannot include (i) ______ ________ arrangements (they are either void, or subject to judicial review).

Answer 19

(i) child custody

Question 20

Even in the absence of express agency authority, one spouse is liable for the (i) ________ purchased by the other.

Answer 20

(i) necessities

Question 21

Privacy is a fundamental right, and any regulation (other than abortion) is invalid unless sit is necessary to a compelling government interests. The right to privacy includes the right to (i) _______, (ii) ______, (iii) use or sell __________, (iv) ________ (within limits), (v) the right of related persons to _____ together, for parents to (vi) _____ their children outside of public schools, and the right of parents to decide issue son care, custody, and control of their children.

Answer 21

(i) marry; (ii) procreate; (iii) contraceptives; (iv) abortion: (v) live; (vi) educate

Question 22

A married person cannot be compelled to testify against his current spouse in an (i) _________ proceeding.

Answer 22

(i) criminal.

Question 23

There are three historic tortious relationships related to marriage. (i) _______ of affections, when a 3rd party divers the affection of one spouse (abolished in most states); (ii) criminal _________, when one spouse has sexual relations with a 3d person (abolished in most states); and (iii) negligent interference with ___________, which is the loss of the other’s consortium due to injuries from a defendant’s negligence.

Answer 23

(i) alienation; (ii) conversation; (iii) consortium

Question 24

A (i) _____ marriage is one in which, going forward, there int legally recognized marriage. It can be cured by removal of defect (e.g., prior bigamous spouse dying). A (ii) ________ marriage was invalid from the outset. If the party that brought the cause of action continues in the marriage, however, then they ratify the relationship, and it’s no long invalidated.

Answer 24

(i) void; (ii) voidable

Question 25

Grounds for annulment are related to formation issues: (i) ________, (ii) ___________, (iii) _________, (iv) incurable physical impotence, and (v) lack of ________.

Answer 25

(i) bigamy; (ii) consanguinity; (iii) nonage; (v) capacity

Question 26

If the child has no qualified “home state” for custody, then a state can have jurisdiction if (i) the child lives with at least one ________ in the state, and has a (ii) ________ _______ to the state, and (iii) _______ ________ concerning the child is available in the state.

Answer 26

(i) parent; (ii) significant connection; (iii) substantial evidence

Question 27

Unmarried children are protected by the constitutional standard of (i) ______ _________, meaning that laws will be stricken unless they are (ii) _______ ________ to an (iii) _______ ___________ interest.

Answer 27

(i) intermediate scrutiny; (ii) substantially related; (iii) important governmental

Question 28

A parent may tortuously recover against one who injures their (i) _______. A parent whose custody is interfered with may recover tort damages for (ii) ________. Parents who labor to hide a newborn’s birth or location may be liable for a civil (iii) ________.

Answer 28

(i) child; (ii) abduction; (iii) conspiracy

Question 29

The right to one’s children is a (i) ________ constitutional right, and parents must have due process before those rights are terminated, including the right to (ii) __________, and termination can only be proved by (iii) _____ and ________ evidence.

Answer 29

(i) fundamental; (ii) counsel; (iii) clear and convincing

Question 30

Grounds for parental termination (by the court) include: (i) serious __________ on the child, (ii) _________, (iii) _____ or deprivation, (iv) _______ mental illness, and (v) _________ unfitness.

Answer 30

(i) harm; (ii) abandonment; (iii) neglect; (iv) severe; (v) parental