VA Domestic Relations

Question 1

While professional goodwill is considered marital property upon divorce, these are not:

Answer 1

While professional degrees and licenses are not considered marital property upon divorce, this is:

Question 2

This kind of property is not subject to division upon divorce

Answer 2

Separate or pre-marriage acquired property for divorce is not:

Question 3

Required disclosures for enforceable marital agreements include

Answer 3

Reasonable disclosure of financial status, including income, assets, and liabilities of all parties is required for enforcement of this

Question 4

This type of individual may have a marriage annulled

Answer 4

An unemancipated minor (under age 18) can do this to a marriage

Question 5

A marriage may not be annulled/voided solely because this did not occur

Answer 5

A marriage without solemnization under license by a person not legally authorized to solemnize will not be:

Question 6

A court may modify spousal support orders upon what?

Answer 6

A finding of a “material change in circumstances” may permit the court to do what?

Question 7

A material change in circumstances can be either:

Answer 7

This can either be 1) something not reasonably in the parties’ contemplation at the time of the original award; or 2) the non-occurrence of some event anticipated by the court in making the award (through no fault of the party seeking change)

Question 8

A material change in circumstances must not be:

Answer 8

This must not be voluntary or foreseen

Question 9

A final circuit court decision involving divorce is appealable where?

Answer 9

The Court of Appeals hears these for divorces by right

Question 10

This type of property is considered marital property, even if it is not exercised until after the marriage:

Answer 10

Unexercised stock options are considered this in a divorce:

Question 11

These types of property acquired during the marriage are not subject to equitable distribution:

Answer 11

Property acquired 1) by bequest or devise other than the other spouse; and 2) by gift from a source other than the other spouse is considered this in a divorce

Question 12

A birth parent can revoke consent to a final decree of adoption if either:

Answer 12

If 1) consent was obtained by fraud/duress or 2) the birth parents & adoptive parents/agency agree in writing, this may occur prior to issuance of a final decree of adoption

Question 13

An absolute, no-fault ground for divorce may be decreed by application of either party to a marriage if:

Answer 13

This may be granted if the spouses have lived separate and apart without cohabitation and interruption for one year

Question 14

A non-parent requesting visitation in opposition to both of the child’s parents (or sole surviving fit parent) must do what?

Answer 14

This person requesting visitation must show by clear and convincing evidence that denial of visitation would cause actual harm to the minor child

Question 15

For durational residency requirements, Virginia requires what for divorce?

Answer 15

One spouse must be a bona fide resident and domiciliary for a minimum of six months prior to this occurring?

Question 16

To retain authority to modify a divorce decree, a circuit court must do what:

Answer 16

A circuit court must specifically state that it retain its jurisdiction to adjudicate a matter and move to do so within 21 days of entry of final order for this to occur:

Question 17

A spouse may testify against his/her spouse in a criminal case, but:

Answer 17

This person cannot be compelled to testify, but the opposing party may object to disclosure of any confidential communications made while married

Question 18

Spousal support terminates upon what:

Answer 18

This terminates automatically upon remarriage of spouse receiving support (unless otherwise stipulated)

Question 19

A felony conviction of either spouse can be grounds for an annulment if:

Answer 19

This can be ground for annulment if it 1) predates the marriage and 2) the party seeking annulment was unaware of this at time of marriage

Question 20

Types of Divorce: A vinculo matrimonii

Answer 20

This is an absolute divorce

Question 21

Types of Divorce: A mensa et thoro

Answer 21

This is just a legal separation

Question 22

Grounds of Divorce: A vinculo matrimonii

Answer 22

For this, the grounds can be 1) adultery/sodomy/buggery; 2) felony conviction - over 1 year; 3) desertion from home w/out justification & continuous for 1 year; 4) physical cruelty -danger to life/health; 5) mental cruelty - endangers life/health

Question 23

Defenses to Fault-based Divorce: Condonation

Answer 23

Knowledge of fault, forgiveness of fault, and resumption of cohabitation provides this defense to fault-based divorce

Question 24

Requirements for ceremonial marriage:

Answer 24

To do this, must be 18/emancipated minor, under license and lawfully solemnized

Question 25

Solemnization requirements:

Answer 25

No witnesses, authorized religious figure/judge/GA member/AG, no residency req., must occur w/in 60 days

Question 26

Imperfections with marriage:

Answer 26

Strong presumption of validity; defects/omissions do not void if lawful in other respects & parties believed marriage

Question 27

Common-law marriage requirements:

Answer 27

This requires parties to 1) agree they are married, 2) cohabit as married, and 3) hold themselves out to be married (Not permitted but recognized from other states)

Question 28

Heart balm action (and what's permissible):

Answer 28

No civil suits for money damages based on jilted party's reputation, but gifts in contemplation of marriage are permissible

Question 29

Void Marriage:

Answer 29

This is treated as if it never happened/no need to judicially dissolve/not legally recognized for any purpose (save legitimacy of children)

Question 30

Void Marriage: Grounds

Answer 30

Bigamy (former existing marriage; good faith belief defense), Incest, and nonage (underage; party of age cannot sue to annul)

Question 31

Voidable Marriage: Grounds

Answer 31

Ground for this are: fraud, duress, mental incapacity/infirmity, intoxication, felony conviction, impotency, concealed parenthood, and prostitution

Question 32

Voidable Marriage: Defenses

Answer 32

Defenses to this are: Cohabitation after knowledge of facts, laches (must be w/in 2 years of marriage), estoppel by conduct, other (lack of jurisdiction, res judicata, collateral estoppel, failure to meet burden of proof)

Question 33

Judicial separation (from bed and board/a mensa et thoro):

Answer 33

This extinguishes each spouse's right in property acquired post-separation; no remarriage while other is alive; spousal support may be awarded

Question 34

Judicial Separation: Grounds

Answer 34

Grounds for this are: cruelty/reasonable apprehension of bodily injury, abandonment/willful desertion

Question 35

Judicial Separation: Conversion

Answer 35

This may be converted into an absolute divorce after 1 year or 6 months w/no children and a PSA, no hope of reconciliation

Question 36

Absolute Divorce: No-Fault Grounds

Answer 36

Grounds for this marriage dissolution require: Living separate & apart w/out cohabitation/interruption for one year OR six months with no chidren and PSA

Question 37

Absolute Divorce: Fault Grounds

Answer 37

Grounds for this marriage dissolution require: adultery/sodomy/buggery, conviction of a felony, willful desertion, cruelty

Question 38

Absolute Divorce: Defenses

Answer 38

These must be plead affirmatively: Provocation, res judicata, recrimination, collusion, connivance, condonation, statutory these to adultery

Question 39

Equitable Distribution: Marital Property

Answer 39

This is generally property acquired by either party during the marriage and all property titled in the name of both parties

Question 40

Equitable Distribution: Nonmarital Property

Answer 40

This is property acquired during marriage by one spouse as gift/inheritance, passive income/increase in value of this property, real/personal property acquired before marriage, property acquired during marriage in exchange for this type of property, if maintained

Question 41

Part marital/part separate property: Examples

Answer 41

Substantial increase in value of separate property by efforts of either party, retirement benefits earned during marriage, workers compensation & personal injury awards that accrued during marrage

Question 42

Marital Debt (subject to ED)

Answer 42

This is incurred in joint names of parties pre/post marriage, or either party's name after marriage/before permanent separation (unless for non marital purposes)

Question 43

Separate debt (not subject to ED)

Answer 43

This is incurred by either party before marriage/after permanent separation (unless to benefit marriage/family)

Question 44

Factors to consider for Marital Property Distribution

Answer 44

For this, courts consider: marriage duration, contributions for family well-being, contribution to acquisition/care/maintenance of property, age/physical/mental condition of parties, grounds/fault for dissolution, how/when items were acquired, debts/liabilities of each spouse, character of property, tax consequences, dissipation of marital funds in anticipation of divorce, etc

Question 45

These are not marital property/subject to ED:

Answer 45

These are not considered for this: Professional licenses/degrees, separate property that is traceable & not a gift, expectancy (possible future interest), social security

Question 46

These ARE marital property/subject to ED (special)

Answer 46

These are considered for this: Professional goodwill, comingled/retitled in joint names separate property, stock options acquired during marriage

Question 47

Tax treatment for Equitable Distribution

Answer 47

Property in this is treated as tax free for the parties (same tax basis between the two

Question 48

Divorce Jurisdiction: Residency Duration

Answer 48

This is six months immediately preceding action

Question 49

Divorce Jurisdiction: Venue

Answer 49

This is the county/city where parties last cohabited OR where Defendant resides (P's choice) OR where P resides (if order of publication issued)

Question 50

Divorce Jurisdiction: Long-arm

Answer 50

This is provided over an out of state D in paternity matters/support orders & agreements; must have VA resident P, with D holding marital domicile in VA at time

Question 51

Divorce Jurisdiction: Divisible Divorce

Answer 51

If court lacks this over Defendant it can grant divorce & award marital property inside Virginia, cannot award support/divide property outside VA

Question 52

Divorce Jurisdiction: Out of state Divorce Status

Answer 52

This is given full faith and credit; property and support award are given full faith and credit only if foreign court had this, otherwise VA court decides

Question 53

Spousal Support: Factors

Answer 53

For this, courts consider: obligations/needs/resources of parties (including pension income, profit sharing, retirement), spouse's standard of living, duration of marriage, age/physical/mental capacity on spouse, feasibility of seeking work outside home, contributions to family, property interests, ED provisions, earning capacity, education/training/employment/parenting as well as other's contribution to these

Question 54

Spousal Support: Fault

Answer 54

This is considered when awarding spousal support; not awarded for adultery unless "manifest injustice"

Question 55

Spousal Support: Modification

Answer 55

Must find "material change in circumstances of parties"

Question 56

Spousal Support: Termination

Answer 56

This occurs when either party dies, spouse receiving it remarries or cohabits with another in marriage-like relationship for one year (unless unconscionable)

Question 57

Spousal Support: Reserve future support

Answer 57

A court may do this for a party to receive in the future, with orders for it entered after July 2020 requiring proof of material change in circumstances

Question 58

Child Support: Right to support

Answer 58

Each parent is legally required to do this; nonpayment does not deny them visitation; can privately agree so long as no release/compromise that would negatively affect child

Question 59

Child Support: Nonmarital Children

Answer 59

These cannot be denied child support; may inherit from father's estate upon proof of paternity; will become marital if parents marry and recognize child

Question 60

Child Support: Paternity Evidence (no time limit unless sub related to reasonable gov interest)

Answer 60

This can be brought when and requires reliable genetic tests, voluntary statement of father and mother under oath acknowledging, or other evidence (open cohabitation/sexual intercourse, medical evidence, consent to use surname, claiming child on tax return/other filed document)

Question 61

Child Support: Marital child presumption

Answer 61

This is rebuttably presumed of married woman's husband; preponderance of evidence showing another father/impossibility of conception by husband rebutts

Question 62

Child Support: Assisted conception

Answer 62

Considered marital child if of the married woman and husband consents

Question 63

Child Support: Surrogacy

Answer 63

With court-approved agreement, these are legal parents reflected in birth certificate; if not approved, rights are with genetic parent; can relinquish if at least one of 2 intended parents are genetic

Question 64

Child Support: Award

Answer 64

This is based on the guidelines, including parental income of any source and applied regardless of marital status; can be retroactive from date of petition, and may also award attorney's fees

Question 65

Child Support: Income-sharing model

Answer 65

A child should receive the same proportion of parental income as if parties continued living together;

Question 66

Child Support: Deviation

Answer 66

Court may deviate from these in written finding that application would be unjust/inappropriate based on statutory factors (custody arrangements with travel, imputed income to voluntarily underemployed parent)

Question 67

Child Support: Modification

Answer 67

For this to occur, a material change in circumstances regarding child's needs/parent's financial situation must be shown; no reduction for voluntary reduction in own pay; not retroactive, only applied as change occurs

Question 68

Child Support: Termination

Answer 68

This occurs when the child reaches 18/is emancipated, or extended to 19/HS graduation (whichever is first) when living at home and not self-supporting

Question 69

Child Support: Jurisdiction

Answer 69

A court cannot modify child support order entered in this unless parties no longer reside there or expressly agree to permit another state to exercise this; court granting child support retains this

Question 70

Child Support: Tax Consequences

Answer 70

These are not income to recipient/deductible by payor, and court has authority to grant parent the right to take this exemption for these purposes

Question 71

Child Support: Enforcement of Awards

Answer 71

Civil (pay or go to jail)/criminal (go to jail for period of time) contempt for failure to pay this, interception of tax refund/garnishment of wages; UIFSA applies for out of state orders, with issuing state laws governing

Question 72

Child Custody: Legal Custody

Answer 72

This is the right of a parent to make major decisions about child's life

Question 73

Child Custody: Physical Custody

Answer 73

This is the right of a parent to have child reside with parent and obligation to provide routine daily care and control of child

Question 74

Child Custody: Joint

Answer 74

To have this, both parents must be willing/able to cooperate w/ respect to child's well being and best interests; legal, neither is superior decision maker; physical, does not necessarily mean 50-50 time sharing

Question 75

Child Custody: SMJ

Answer 75

VA has this for custody hearings if VA: Is & has been child's home state for 6months/since birth if >6months, OR was child's home for 6months, is now absent, but parent still resides

Question 76

Child Custody: Significant Connection Jurisdiction

Answer 76

VA can do this for child custody if no other state is home jurisdiction, child & parent have at least 1 significant connection to state, and substantial evidence of child's care/protection/training/relationships

Question 77

Child Custody: Default Jurisdiction

Answer 77

If there is no home or significant connection, Virginia can do initial this:

Question 78

Child Custody: Exclusive Jurisdiction

Answer 78

After making initial ruling on this, Court retains this as long as child/parent of child reside in VA

Question 79

Child Custody: Best Interests of Child Standard Factors

Answer 79

Factors for this include age/physical/mental condition of child & parent, relationship between them and care role, needs of the child.

Question 80

Child Custody: Declining Jurisdiction

Answer 80

Otherwise competent jurisdiction may do this for inconvenient forum, if party engages in injustifiable conduct, or retain over divorce while still making these determinations

Question 81

Child Custody: Temporary Emergency

Answer 81

This is available if child is in danger and in emergency; no prior PO - then the emergency stays in place until decision is rendered

Question 82

Child Custody: Enforcement of Another State's Order

Answer 82

Registration need not be accompanied with request for this; an expedited one will be held on 1st possible judicial day after service; warrant may be issued for custody if child likely to suffer serious physical injury/removed from state

Question 83

Child Custody: Parental Kidnapping Prevention Act

Answer 83

This applies to interstate custody disputes and kidnappings, taking precedence over conflicting state law; prohibits parent from removing child from US and obstructing other parent's custody

Question 84

Child Custody: Non-Factors

Answer 84

Cannot contemplate Race or Religion, only Parent's sexual conduct if it has/will have negative effect on child

Question 85

Child Custody: Third Party Rights

Answer 85

Parents are presumptively entitled to custody of their children against these; EXCEPT when parent is unfit, lost/relinquished/abandoned child.

Question 86

Child Custody: Child preference

Answer 86

This is generally taken into account if child is of sufficient maturity

Question 87

Child Custody: Siblings

Answer 87

These are generally not separated from one another in custody hearing

Question 88

Child Custody: Domestic Violence

Answer 88

History of family abuse, sexual abuse, child abuse or act of violence/threat/force that occurred within 10 years prior to petition are considered for this:

Question 89

Visitation: Noncustodial parents

Answer 89

This person is allowed reasonable time with child, denied only when they would be serious danger to child's health; may be restricted supervision/overnights/etc on the basis of adverse impact on child of parent's sexual relationship/cohabitation\\

Question 90

Visitation: Third parties generally

Answer 90

A fit parent's fundamental right to care/custody/control of his child must be given "special weight"; court's prefer parents over these

Question 91

Visitation: Grandparents

Answer 91

Subject to "Special weight"; if opposed, must show: denial of this would cause actual harm to child (only if opposed by both parents), and that it will serve child's best interests.

Question 92

Visitation: Stepparents (excludes)

Answer 92

These are included in "any person with a legitimate interest"; specifically excludes 1) those whose parental rights were terminated, 2) whose rights derive from those that were terminated, or 3 who have been convicted of rape

Question 93

Visitation: Unwed biological father

Answer 93

This person has fundamental right to contact w/ child if he demonstrates commitment to the responsibilities of parenthood

Question 94

Child Custody; Enforcement

Answer 94

This may be enforced through sanctions like compensatory visitation, attorney's fees & court costs, fines, and jail time. Tort damages may be awarded for period of time child is wrongfully out of this

Question 95

Child Custody: Modification (two types)

Answer 95

To do this, a change in circumstances must have occurred and must be in the best interests of the child; for relocation, notice must be provided to court and other party 30 days prioir; for cohabitation, only changed if having adverse impact on child

Question 96

Child Custody: Termination

Answer 96

Upon a child reaching age of majority or custodial parent's death, typically surviving parent is awarded this

Question 97

Child Custody: Parental Consent Medical Care

Answer 97

This must be obtained regardless of marital status (except emergency); if other won't do this/ based on religious beliefs contradictory to child and it is life/death emergency, state has right to intervene

Question 98

Child Custody: Parental Consent Upbringing

Answer 98

A parent holds this right, including decisions related to religion; however, they cannot sterilize a mentally incompetent child unless clear & convincing in best interests

Question 99

A premarital agreement does this:

Answer 99

This is effective upon marriage (marriage is sufficient consideration, but Virginia does not require consideration for marriage)

Question 100

A separation agreement does this:

Answer 100

This can define property division, spousal support, child support/custody/visitation, with spousal support/property division enforceable unless unconscionable

Question 101

A property settlement agreement does this:

Answer 101

This can settle economic issues of marital estate and is entered into prior to final decree of divorce issued

Question 102

Marital Agreement: Enforceable

Answer 102

This is enforceable if: Parties fair and reasonably disclose financials status, not unconscionable, is voluntary, in writing signed by both.

Question 103

Marital Agreement: Modification

Answer 103

A provision that prevents this for property rights/spousal support must be enforced; it cannot be enforced for child support