VA DR Essays Rule Statements

Question 1

divorce a mensa et thoro (legal separation)

Answer 1

no waiting period

cruelty and reasonable apprehension of bodily harm

abandonment and desertion, intent to desert and actual breaking off of cohabitation, can’t be desertion if grounds to leave

Question 2

divroce a vinculo matrimonii (absolute divorce based on fault)

Answer 2

1) adultery, sodomy, or buggery
2) conviction of felony with confinement more than one year
3) habitual cruelty
4) desertion (or constructive desertion: cruelty forces one spouse to leave or willful neglect of marital duties) after one continuous year

Question 3

adultery is a ground for divorce, although _____ is a defense

Answer 3

voluntary cohabitation after knowledge of the adultery

Question 4

recrimination

Answer 4

countercharge in a suit for divorce that the complaintant has been guilty of an offense consititiong a fault-based ground for divorce of the same degree

Question 5

no-fault divorce

Answer 5

no kids, seperate for 6 months and property agreement,

kids, one year

Question 6

spousal support considers

Answer 6

1) earning capacity of parties,
2) education and training of the parties,
3) standard of living established during the marriage, duration of the marriage,
4) age and physical and mental condition of the parties,
5) monetary and nonmonetary contributions, property interest, marital property division, taxes

Question 7

absolute bar to spousal support

Answer 7

adultery, unless the court determines from clear and convincing evidence it would be a manifest injustice

Question 8

division of marital assets

Answer 8

50/50 or more or less if fair and just

Question 9

when the divorce is granted, the right to spousal support is extinguished if

Answer 9

it is not mentioned or reserved in the divorce decree, or if it is not reserved by the court

Question 10

child support after decree of divorce

Answer 10

court may revise or alter a decree concerning care, custody, and maintenance of children, or make a new decree as may be required by changed circumstances

Question 11

right of children to support from their parents cannot be

Answer 11

privately or contractually altered or modified by agreement between parents or by a property settlement agreement

Question 12

adultery can be proved by

Answer 12

circumstantial evidence, as long as clear and convincing and proof is strict, satisfactory and conclusive

Question 13

each ground of divorce must be accompanied by

Answer 13

third party corroboration

Question 14

condonation

Answer 14

forgiveness of an act that may constitute a ground for divorce bars the right to divorce based on that act unless the forgiveness was conditional

Question 15

constructive desertion

Answer 15

leaving was made necessary by other’s cruel or offensive conduct, or under same roof but willful breach of and neglect of marital duties that destroys home life

Question 16

desertion, unlike adultery, which is a crime, need not be proved by

Answer 16

clear and convincing evidence

Question 17

the court can impute income to a spouse who

Answer 17

voluntarily reduced his income

Question 18

virginia will give full faith and credit to an ex parte sister state divorce if

Answer 18

a bona fide legal residence has been established

Question 19

an ex parte divorce is based on the plaintiff’s

Answer 19

physical presence before the court, with due process notice or constructive service given to the absent defendant

Question 20

bilateral divorce is based on

Answer 20

physical presence of both spouses before the forum court

Question 21

adjustment of support or property can be accomplished only through

Answer 21

a bilateral proceeding, although, a divorce may be granted ex parte

Question 22

delinquent spouse on spousal or child support payments

Answer 22

court can order payment of the arrearage in child and spousal support, misdemeanor charges

Question 23

desertion

Answer 23

actual breaking off of matrimonial cohabitation with intention to desert continuously for one year

Question 24

marital property the court may

Answer 24

order transfer to one of the parties, permit one party to purchase the interest of the other, or order sale of it

Question 25

support can be paid either in

Answer 25

periodic payments for defined duration, undefined duration, lump sum, or combo of above

Question 26

virginia will recognize a common law marriage validly contracted in another jurisdiction, so long as

Answer 26

the six-month domiciliary requirement for divorce in Virginia is met

Question 27

marital property includes

Answer 27

all property titled in the names of both parties and all other property acquired by each during marriage unless there is a showing it’s separate

Question 28

child support is based on

Answer 28

gross monthly income of parents, set according to Virginia child support statutory guidelines. Judge cannot deviate unless jusitfied in writing

Question 29

a parent is not required to pay for child’s higher education absetnt

Answer 29

a marital agreement to the contrary

Question 30

a virginia court has jurisdiciton over a marriage if

Answer 30

one of the spouses is present in virginia

Question 31

in a bilateral divorce, ____ is required

Answer 31

in personam jurisdiction

Question 32

it is only when a court has in personam jurisdiction that it may

Answer 32

modify or extinguish a persons rights in marital property and determine support

Question 33

if the court does not have jx over one party in marriage, it may still dissolve the marriage, but

Answer 33

any award of support or division of property is subject to attack at a later time

Question 34

will have p jx over a spouse who doesn’t live in VA if

Answer 34

execute agreement to support child or spouse in VA, matrimonial domicile of the parties, child conceived or born in VA

Question 35

in adoption cases, natural parents are

Answer 35

favored, but presumption can be rebutted by clear and convincing evidence

Question 36

to adopt a child, consent is required from

Answer 36

each living parent of child born in wedlock unless rights and responsibilities of parents have been terminated by the terms of divorce or by judicial order that it’s in the best interests of the child

Question 37

court can terminate parental rights where it finds

Answer 37

parental unfitness, voluntary relinquishment, abandonemnet, special facts and cirumstances

Question 38

separate property may be transmuted into marital property when

Answer 38

there is appreciation in the vlaue of the property due to the active efforts of either of the parties during the marriage, but if can be traced stays separate

Question 39

a child’s home state is

Answer 39

the state in which the child lived with a parent for at least 6 consecutive months before the proceeding began

Question 40

va has jx to enter a child custody orderi

Answer 40

if VA is the child’s home state on the date of the commencement of the proceeding or was the child’s home state within six months beofre the ocmmencmenet of the proceeding and the child is absent from VA but a parent conitnues to live there

Question 41

divorcing spouses may contract broadly regarding

Answer 41

the buying, managing, alientating, or disposing of property upon divorce

Question 42

if an obligor moves for a reduction in child support payments, he must prove that

Answer 42

there has been a material change of circumstances that justifies the reduction an that his lack of ability to pay is not due to his own volunary act

Question 43

virginia has exclusive, continuing jx over child support order as long as

Answer 43

obligee, obligor, or child remains in virginia

Question 44

support payments are modifiable only

Answer 44

prospectively

Question 45

for one state to grant full faith and credit to a judicial decision of another state, three requirements must be met

Answer 45

1) the court that rendered the judgment must have had jurisdiction over the parties and the subject matter
2) the jdugment must have been on the merits
3) the judgment must be final

Question 46

cohabit

Answer 46

parties living together in the same house as married persons live together, or in the manner of spouses

Question 47

a bill for divorce will not be granted on

Answer 47

the uncorroborated testimony of either party

Question 48

property is presumed to be marital property if it is jointly owned, unless

Answer 48

there is a title, deed, or other clear indicia that it is not

Question 49

separate property is

Answer 49

1) acquired before marriage
2) during the marriage by gift or inheritance
3) property acquired during the marriage in exchange for separate proeprty, provided that the property is maintained as separate property
4) acquired after the last separation ofthe party

Question 50

sources of fund doctrine

Answer 50

marital property and separate property are commingled by contributing one category of property to another, resulitng in loss of identity of contributed property, so tranmustated to marital property. However, to the extent that it is traceable and not a gift, it retains original classification

Question 51

gift requirements

Answer 51

donative intent, delivery, acceptance

Question 52

in determining custody and visitation of a minor child,

Answer 52

court gives primary consideration to best interest of the child.

Question 53

presumption that its in the best interest of the child to award custody to

Answer 53

the parents, but no presumption between them

Question 54

in determining best interest of child, factors

Answer 54

1. age and physical and mental condition of child/developmental needs
   2) age and physical and mental condition of each parent
   3) relationship between child and parent
   4) important relationships like siblings and peers
   5) role parent has played in upbringing
   6) propensity of each parent to allow other parent to see
   7) willingness of parent to maintain close relationship with child
   8) preference of the child if he’s old enough to express one
   9) history of abuse or force that was less than 10 years ago, then you can ignore 6
   10) others

Question 55

when both spouses are guilty of adultery, the needy spouse may request support, provided

Answer 55

the divorce/separation is on no-fault grounds

Question 56

a court may affirm, ratify, and incorporate by reference in its decree of divorce any valid agreement between the parties concerning

Answer 56

disposition of proerty and payments for support or maintenance, becomes term of the decree and enforceable as any other provision

Question 57

court methods for enforcing support payments

Answer 57

withholding from earnings, interception of tax refunds, criminal prosecution, contempt of court