Lex Bar Rules

Question 1

A no-fault divorce may be decreed if the parties have lived separate and apart for 6 months, without co-habitation or interruption, if

Answer 1

there are no children and the parties have a separation agreement.

Question 2

A no-fault divorce may be decreed if the parties have lived separate and apart for one year, without co-habitation or interruption, if

Answer 2

they have children.

Question 3

Fault-grounds for divorce must be corroborated with

Answer 3

evidence.

Question 4

A claim for constructive desertion requires proof that

Answer 4

the other spouse’s conduct was so egregious as to force one to move out of the marital home.

Question 5

Cruelty authorizing divorce requires acts that

Answer 5

tend to cause bodily harm and render the spouses’ living together unsafe.

Question 6

Adultery may be found where a spouse cheats on another, so long as

Answer 6

the other spouse does not resume co-habitation after learning of the adultery or recriminate by committing adultery of their own.

Question 7

In considering spousal support, a court will look to:

Answer 7

(i) the existing assets of each spouse and relative earning potential;
(ii) the standard of living that the marriage afforded each spouse;
(iii) the duration of the marriage;
(iv) any existing health or extreme financial challenges of each spouse; and
(v) each spouse’s relative fault for the breakup of the marriage.

Question 8

Adultery bars an award of spousal support to an offending spouse, unless

Answer 8

the denial of that award will amount to a manifest injustice to that spouse.

Question 9

Manifest injustice is a _________________ standard applied by the judge that is generally not disturbed on appeal.

Answer 9

discretionary

Question 10

In determining a share of marital property, a court must

Answer 10

determine the value of all property, real and personal, tangible and intangible, acquired during the marriage.

Question 11

The value of the property shall be determined on the date of

Answer 11

the equitable distribution hearing.

Question 12

The division of marital property shall consider such factors as:

Answer 12

(i) the contributions of each party in the acquisition of the property;
(ii) the duration of the marriage;
(iii) the mental and physical condition of the parties;
(iv) how and when specific items were acquired;
(v) the debts and liabilities of each spouse;
(vi) the tax consequences of each party;
(vii) the liquid or non-liquid character of the property;
(viii) whether either spouse used marital property to commit a violation of the bounds of marriage; and
(ix) such other factors as the court considers necessary and appropriate to reach a fair award.