Family Law Bar Exam UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
What is the standard for child custody, support, and other issues related to the child? - Correct
answers✔✔The best interest of the child
What are the requirements, as a civil contract, for marriage? - Correct answers✔✔(1) both
parties must have capacity to give consent, and
(2) there must be an exchange of consideration in the form of: (a) mutual exchange of promises
between the two parties and (b) imposition of the rights and obligations that come with the
marriage relationship
What is required for a ceremonial (statutory) marriage? - Correct answers✔✔(1) the parties must
obtain a marriage license, and
(2) participate in a marriage ceremony
Can states require premarital medical testing before issuing a marriage license? - Correct
answers✔✔Yes, but the results cannot be one of the conditions for the issuance of a marriage
license
When will a marriage license not be issued? - Correct answers✔✔(1) if a party is already
married to someone else
(2) if the parties are too closely related by blood or marriage
(3) if the marriage is a sham
(4) if the parties are incapable of understanding the act of marriage (e.g., substances render a
party incapable or a lack of consent due to fraud or duress)
,What clause requires all states and the federal government to recognize a same sex marriage
legally entered into in another state? - Correct answers✔✔The Full Faith and Credit Clause
In most states, how many witnesses must come to the ceremony? - Correct answers✔✔At least 2
witnesses
Must a judge, political official, or member of the clergy solemnize a marriage? - Correct
answers✔✔Yes
What are the requirements for a common law marriage? - Correct answers✔✔(1) capacity to
marry
(2) both parties agree that they are married (consent)
(3) the parties cohabitate, and
(4) both spouses hold themselves out to the public as married
What evidence will courts often consider in determining whether a common law marriage exists?
- Correct answers✔✔(1) common children
(2) joint debt
(3) joint assets
(4) title to property
(5) bank accounts
(6) insurance forms
(7) tax returns
What is an annulment? - Correct answers✔✔A judicial decree that voids a marriage
, What is the difference between a void marriage and a voidable marriage? - Correct
answers✔✔Void: treated as if it never happened, does not need to be judicially dissolved and is
not legally recognized for any purpose
Voidable: valid until a judicial decree dissolves the marriage
What are examples of void marriages? - Correct answers✔✔(1) prior existing marriage (bigamy)
(2) incest
(3) mental incapacity
Note: a second marriage (bigamy) may become valid if one party had a good faith belief the
marriage was valid and the impediment (first marriage) is removed
What are examples of voidable marriages? - Correct answers✔✔(1) age (but once the minor
becomes an adult and continues to cohabitate, they can no longer seek an annulment)
(2) impotence (exception: the other party knew about the impotence prior to marriage)
(3) intoxication (exception: parties continue to cohabitate after the marriage)
(4) fraud (that goes to the essence of the marriage)
(5) duress, or
(6) lack of intent (sham or joke)
Note: insufficient grounds for fraud, misrepresentation, duress, coercion and force include where
a spouse lied about wealth, has poor morals, bad habits, or a bad temper
What are defenses to a void marriage? - Correct answers✔✔The only defense is to deny the
existence of the impediment that makes the marriage void (removing the impediment makes the
marriage voidable)
QUESTIONS AND CORRECT ANSWERS
What is the standard for child custody, support, and other issues related to the child? - Correct
answers✔✔The best interest of the child
What are the requirements, as a civil contract, for marriage? - Correct answers✔✔(1) both
parties must have capacity to give consent, and
(2) there must be an exchange of consideration in the form of: (a) mutual exchange of promises
between the two parties and (b) imposition of the rights and obligations that come with the
marriage relationship
What is required for a ceremonial (statutory) marriage? - Correct answers✔✔(1) the parties must
obtain a marriage license, and
(2) participate in a marriage ceremony
Can states require premarital medical testing before issuing a marriage license? - Correct
answers✔✔Yes, but the results cannot be one of the conditions for the issuance of a marriage
license
When will a marriage license not be issued? - Correct answers✔✔(1) if a party is already
married to someone else
(2) if the parties are too closely related by blood or marriage
(3) if the marriage is a sham
(4) if the parties are incapable of understanding the act of marriage (e.g., substances render a
party incapable or a lack of consent due to fraud or duress)
,What clause requires all states and the federal government to recognize a same sex marriage
legally entered into in another state? - Correct answers✔✔The Full Faith and Credit Clause
In most states, how many witnesses must come to the ceremony? - Correct answers✔✔At least 2
witnesses
Must a judge, political official, or member of the clergy solemnize a marriage? - Correct
answers✔✔Yes
What are the requirements for a common law marriage? - Correct answers✔✔(1) capacity to
marry
(2) both parties agree that they are married (consent)
(3) the parties cohabitate, and
(4) both spouses hold themselves out to the public as married
What evidence will courts often consider in determining whether a common law marriage exists?
- Correct answers✔✔(1) common children
(2) joint debt
(3) joint assets
(4) title to property
(5) bank accounts
(6) insurance forms
(7) tax returns
What is an annulment? - Correct answers✔✔A judicial decree that voids a marriage
, What is the difference between a void marriage and a voidable marriage? - Correct
answers✔✔Void: treated as if it never happened, does not need to be judicially dissolved and is
not legally recognized for any purpose
Voidable: valid until a judicial decree dissolves the marriage
What are examples of void marriages? - Correct answers✔✔(1) prior existing marriage (bigamy)
(2) incest
(3) mental incapacity
Note: a second marriage (bigamy) may become valid if one party had a good faith belief the
marriage was valid and the impediment (first marriage) is removed
What are examples of voidable marriages? - Correct answers✔✔(1) age (but once the minor
becomes an adult and continues to cohabitate, they can no longer seek an annulment)
(2) impotence (exception: the other party knew about the impotence prior to marriage)
(3) intoxication (exception: parties continue to cohabitate after the marriage)
(4) fraud (that goes to the essence of the marriage)
(5) duress, or
(6) lack of intent (sham or joke)
Note: insufficient grounds for fraud, misrepresentation, duress, coercion and force include where
a spouse lied about wealth, has poor morals, bad habits, or a bad temper
What are defenses to a void marriage? - Correct answers✔✔The only defense is to deny the
existence of the impediment that makes the marriage void (removing the impediment makes the
marriage voidable)
