FAMILY LAW EXAM QUESTIONS AND
ANSWERS ALL CORRECT
What is the significance of the home state test in custody jurisdiction? - Answer-It
determines which state has jurisdiction based on where the child has lived for the last
six months.
What does the long arm statute refer to in family law? - Answer-It allows a state to
exercise jurisdiction over a non-resident based on certain minimum contacts with the
state.
What is the effect of the UIFSA on child support enforcement? - Answer-It facilitates
interstate enforcement and modification of child support orders.
What are the grounds for divorce commonly recognized in family law? - Answer-
Grounds can include irreconcilable differences, adultery, abandonment, and cruelty.
What is the role of parental decisions in custody determinations? - Answer-Parental
decisions by a fit parent should be given significant weight in custody determinations.
What is a premarital agreement and when is it generally enforceable? - Answer-A
premarital agreement is a contract made before marriage; it is generally enforceable
unless it violates public policy.
What is the significance of the common law marriage in jurisdictional issues? - Answer-
Common law marriage can affect the validity of marriage recognition across state lines.
What is the standard for custody modification under the UCCJEA? - Answer-Custody
modification requires a substantial change in circumstances.
What does the term 'spousal maintenance' refer to? - Answer-Financial support paid by
one spouse to another after separation or divorce.
What is the effect of bigamy on marriage validity? - Answer-Bigamy can render a
marriage invalid in jurisdictions that do not recognize it.
What is the significance of the marital versus separate assets distinction? - Answer-It
determines how property is divided during divorce proceedings.
,What is the role of child custody guidelines in custody disputes? - Answer-They provide
a framework for determining custody arrangements based on the best interests of the
child.
What does the term 'adoption' imply in family law? - Answer-The legal process of
establishing a parent-child relationship where it did not previously exist.
What is the impact of a divorce settlement agreement? - Answer-It outlines the terms of
the divorce, including property division and support obligations.
What is the significance of the 'wishes of the child' in custody determinations? - Answer-
The child's preferences may be considered, especially if they are of sufficient age and
maturity.
What does 'child endangerment based on religious beliefs' refer to? - Answer-It involves
legal considerations regarding a child's welfare in the context of parental religious
practices.
What is the legal implication of artificial insemination in parental rights? - Answer-It can
affect the determination of parental rights and responsibilities based on consent.
What does 'spousal immunity' refer to in family law? - Answer-A legal doctrine that can
prevent one spouse from testifying against another in certain circumstances.
What is the purpose of the 'full faith and credit' clause in family law? - Answer-It requires
states to recognize and enforce the judicial proceedings of other states.
What is the significance of visitation rights for non-parents? - Answer-They can be
granted based on the best interests of the child and the relationship with the non-parent.
What primarily governs family law? - Answer-Family law is primarily governed by state
law.
What are the constitutional limits on state family laws? - Answer-Direct burdens on
marriage are not permitted, but indirect burdens are allowed.
Which case established that marriage is a fundamental right? - Answer-Loving v.
Virginia
What does Zablocki v. Redhail address regarding marriage? - Answer-A state cannot
restrict a person who does not pay child support from getting married.
What does Turner v. Safley state about prisoners and marriage? - Answer-Prisoners
can get married, though states can impose reasonable restrictions.
, What significant ruling did Obergefell v. Hodges make? - Answer-A state cannot restrict
same-sex couples from getting married.
What are the general requirements to be married? - Answer-Capacity to consent,
marriageable age, not closely related, and being single.
What mnemonic can help remember the requirements for marriage? - Answer-CARS:
Capacity, Age, Relation, Single.
What must occur to legally become married? - Answer-Obtain a license, have
solemnization, and not be under duress or influence.
What happens if there is a mistake in the formalities of marriage? - Answer-Most states
say the parties are still married if they had a good faith belief.
What must be shown to establish a common law marriage? - Answer-CACH: Capacity,
Agreement, Cohabitation, Holding out.
What is the burden of proof for common law marriage? - Answer-The burden of proof is
a 'clear and convincing evidence' standard.
How is a marriage recognized across states? - Answer-A marriage valid where
contracted is valid elsewhere unless it violates strong public policy.
What is the status of a bigamous marriage? - Answer-A bigamous marriage is void from
the beginning.
What is the presumption regarding the most recent marriage in bigamy cases? -
Answer-There is a presumption that the most recent marriage is valid.
What is the general rule for gifts in contemplation of marriage? - Answer-Most gifts are
valid if the donor intends to give, delivers, and the gift is accepted.
What is the rule for engagement rings? - Answer-The majority rule is that the donor gets
the ring back if the couple does not marry.
What issues are addressed in custody and support of children? - Answer-Custody, child
support, relocation of parent and child, and rights of parents and others.
What does spousal maintenance refer to? - Answer-Spousal maintenance refers to
spousal support or alimony.
What is required for the modification and termination of alimony? - Answer-Changes in
circumstances may warrant modification or termination of alimony.
ANSWERS ALL CORRECT
What is the significance of the home state test in custody jurisdiction? - Answer-It
determines which state has jurisdiction based on where the child has lived for the last
six months.
What does the long arm statute refer to in family law? - Answer-It allows a state to
exercise jurisdiction over a non-resident based on certain minimum contacts with the
state.
What is the effect of the UIFSA on child support enforcement? - Answer-It facilitates
interstate enforcement and modification of child support orders.
What are the grounds for divorce commonly recognized in family law? - Answer-
Grounds can include irreconcilable differences, adultery, abandonment, and cruelty.
What is the role of parental decisions in custody determinations? - Answer-Parental
decisions by a fit parent should be given significant weight in custody determinations.
What is a premarital agreement and when is it generally enforceable? - Answer-A
premarital agreement is a contract made before marriage; it is generally enforceable
unless it violates public policy.
What is the significance of the common law marriage in jurisdictional issues? - Answer-
Common law marriage can affect the validity of marriage recognition across state lines.
What is the standard for custody modification under the UCCJEA? - Answer-Custody
modification requires a substantial change in circumstances.
What does the term 'spousal maintenance' refer to? - Answer-Financial support paid by
one spouse to another after separation or divorce.
What is the effect of bigamy on marriage validity? - Answer-Bigamy can render a
marriage invalid in jurisdictions that do not recognize it.
What is the significance of the marital versus separate assets distinction? - Answer-It
determines how property is divided during divorce proceedings.
,What is the role of child custody guidelines in custody disputes? - Answer-They provide
a framework for determining custody arrangements based on the best interests of the
child.
What does the term 'adoption' imply in family law? - Answer-The legal process of
establishing a parent-child relationship where it did not previously exist.
What is the impact of a divorce settlement agreement? - Answer-It outlines the terms of
the divorce, including property division and support obligations.
What is the significance of the 'wishes of the child' in custody determinations? - Answer-
The child's preferences may be considered, especially if they are of sufficient age and
maturity.
What does 'child endangerment based on religious beliefs' refer to? - Answer-It involves
legal considerations regarding a child's welfare in the context of parental religious
practices.
What is the legal implication of artificial insemination in parental rights? - Answer-It can
affect the determination of parental rights and responsibilities based on consent.
What does 'spousal immunity' refer to in family law? - Answer-A legal doctrine that can
prevent one spouse from testifying against another in certain circumstances.
What is the purpose of the 'full faith and credit' clause in family law? - Answer-It requires
states to recognize and enforce the judicial proceedings of other states.
What is the significance of visitation rights for non-parents? - Answer-They can be
granted based on the best interests of the child and the relationship with the non-parent.
What primarily governs family law? - Answer-Family law is primarily governed by state
law.
What are the constitutional limits on state family laws? - Answer-Direct burdens on
marriage are not permitted, but indirect burdens are allowed.
Which case established that marriage is a fundamental right? - Answer-Loving v.
Virginia
What does Zablocki v. Redhail address regarding marriage? - Answer-A state cannot
restrict a person who does not pay child support from getting married.
What does Turner v. Safley state about prisoners and marriage? - Answer-Prisoners
can get married, though states can impose reasonable restrictions.
, What significant ruling did Obergefell v. Hodges make? - Answer-A state cannot restrict
same-sex couples from getting married.
What are the general requirements to be married? - Answer-Capacity to consent,
marriageable age, not closely related, and being single.
What mnemonic can help remember the requirements for marriage? - Answer-CARS:
Capacity, Age, Relation, Single.
What must occur to legally become married? - Answer-Obtain a license, have
solemnization, and not be under duress or influence.
What happens if there is a mistake in the formalities of marriage? - Answer-Most states
say the parties are still married if they had a good faith belief.
What must be shown to establish a common law marriage? - Answer-CACH: Capacity,
Agreement, Cohabitation, Holding out.
What is the burden of proof for common law marriage? - Answer-The burden of proof is
a 'clear and convincing evidence' standard.
How is a marriage recognized across states? - Answer-A marriage valid where
contracted is valid elsewhere unless it violates strong public policy.
What is the status of a bigamous marriage? - Answer-A bigamous marriage is void from
the beginning.
What is the presumption regarding the most recent marriage in bigamy cases? -
Answer-There is a presumption that the most recent marriage is valid.
What is the general rule for gifts in contemplation of marriage? - Answer-Most gifts are
valid if the donor intends to give, delivers, and the gift is accepted.
What is the rule for engagement rings? - Answer-The majority rule is that the donor gets
the ring back if the couple does not marry.
What issues are addressed in custody and support of children? - Answer-Custody, child
support, relocation of parent and child, and rights of parents and others.
What does spousal maintenance refer to? - Answer-Spousal maintenance refers to
spousal support or alimony.
What is required for the modification and termination of alimony? - Answer-Changes in
circumstances may warrant modification or termination of alimony.
