Quiz

Question 1

Each spouse’s _________ ___________ will not be subject to e____________ d___________

Answer 1

separate property
equitable division

Question 2

A court will _______ all marital property and ___________ that property between the two spouses.

Answer 2

pool
distribute

Question 3

In a divorce, a court will divide all property owned by the two spouses into two categories. What are those 2 categories?

Answer 3

1) the separate property of each spouse
2) marital property owned jointly between spouses

Question 4

An _________ agreement between unmarried cohabitants is __________ as long as it is not based on what?

Answer 4

express
enforceable
sexual relations

Question 5

A court may find an _________-__-_____ contract regarding the division of property of unmarried cohabitants if the parties ____________ funds during the relationship.

Answer 5

implied-in-fact
comingled funds

Question 6

An ex parte divorce may be maintained without _________ _____________ over the absentee spouse if the plaintiff-spouse is a _______________ of the rendering state.

Answer 6

Personal jurisdiction
domiciliary

Question 7

In a matrimonial action involving _____________ or child custody/support issues, the court must have personal jurisdiction over the ____________-spouse in order for the judgment to be [what].

Answer 7

economic
defendant
entitled to full faith and credit

Question 8

Courts have broad discretion to determine child custody under which standard?

Answer 8

Best Interests of the Child Standard

Question 9

In most states, a child or spousal support order can _____ be modified when there is a __________ change in circumstances of either spouse making the prior order ________________.

Answer 9

only
substantial
unreasonable

Question 10

What does UMDA stand for?

Answer 10

Uniform Marriage and Divorce Act

Question 11

What does UIFSA stand for?

Answer 11

Uniform Interstate Family Support Act

Question 12

Premarital agreements are ___________ ______________ that are executed by the spouses _______ __ ___________.

Generally, such agreements are enforceable unless procured by _________, ___________, or ______________.

Answer 12

contractual agreements
prior to marriage

fraud, duress or coercion

Question 13

Provisions in a _____________ _____________ regarding child support or custody are not _______ on a court.

Answer 13

premarital agreement
binding

Question 14

Any provision in a premarital agreement that adversely affects [what] is unenforceable.

Answer 14

a child’s right to support

Question 15

What does UPAA stand for?

Answer 15

Uniform Premarital Agreement Act

Question 16

Adoption severs a biological parent’s __________ rights and _____________ for the child and generally, [who must consent]?

Answer 16

legal
responsibilities
both parents must consent

Question 17

A valid common law marriage creates what type of marital rights and obligations?

Answer 17

marital rights and obligations identical to a ceremonial marriage

Question 18

There is a _____________ ____________that custody with the parent is in [what]?

Courts will give _____________ weight to a ____________ child’s interests.

Answer 18

rebuttable presumption
the best interests of the child.

substantial
mature

Question 19

Courts must give great weight to a parent’s determination of what is best for the child, but some states permit [what].

Answer 19

third-party visitation

Question 20

A third-party must:
(1) overcome the presumption that [what]; and
(2) show that ________ of visitation poses a risk of ______ to the child

Answer 20

the parent is acting in the best interests of the child

denial
harm

Question 21

A separation agreement is invalid if it: (a) is ________________; or (b) was the result of ___________.

Answer 21

unconscionable
fraud

Question 22

A divorce settlement agreement may be set aside if it is: (1) _______________ _________; and (2) the result of ______ by the spouse, or m___________ m____________.

Answer 22

substantially unfair
fraud
mediator misconduct

Question 23

A biological parent is _________ responsible for a child whether or not [what]?

Answer 23

legally
the child was intended or wanted by the parent

Question 24

Child support guidelines must:
(1) take into consideration all ________ and income of the _____________ parent; and
(2) be based on s_________, d___________, and n___________ criteria to compute the ___________ obligation.

Answer 24

earnings
non-custodial parent

specific, descriptive and numeric
support

Question 25

Upon divorce, one spouse may be court-ordered to provide spousal support to maintain the former spouse’s __________ ___ __________and limit any u_______ e____________ e_______ of a divorce.

Answer 25

standard of living
unfair economic effects

Question 26

In ______ jurisdictions, there is a presumption that a child born ________ ___________ is considered a ________ child and is the child of the husband.

Answer 26

most
during marriage
marital

Question 27

If ___________ is established, that person will be responsible for [what]?

Answer 27

paternity
child support obligations

Question 28

A marriage is ____ _______ if entered into when one of the parties is still married.

However, a __________ marriage may be saved under either: (a) the _______ __________; or
(b) the _________ ________ ___ ______ ___ (UMDA).

Answer 28

not valid

bigamous
equity doctrine
Uniform Marriage and Divorce Act