Deck 10: Family Law

Question 1

A temporary order is

A) effective for the time between entry of a decree of dissolution and the date it takes effect.
B) the same thing as a separation agreement.
C) a type of injunctive relief.
D) None of the above.

Answer 1

C

Question 2

An act of physical aggression by and against any members of the same household is

A) marital violence.
B) child abuse.
C) domestic violence.
D) elder abuse.

Answer 2

C

Question 3

A legal separation agreement is a contract with respect to the property rights of the parties effective upon dissolution.

Answer 3

False

Question 4

Divorce on the grounds of irreconcilable differences

A) is always the fastest method of dissolution of a marriage.
B) has been historically used when one of the spouses cannot be located.
C) is the method intended to be used when one of the parties is physically abusive.
D) is the method intended to be used when neither party wishes to prove blame for the dissolution.

Question 5

Antenuptial agreements

A) must be prepared and signed before the marriage.
B) consider only current assets of the parties.
C) consider current assets/debts of the parties.
D) consider assets,debts,and expected children of the parties.

Question 6

Temporary orders granted ex parte require both parties to be present.

Question 7

Enforceable antenuptial agreements

A) return the parties to their original financial position at the end of the marriage.
B) divide the assets of the parties into equal shares at the end of the marriage.
C) divide the assets of the parties into equitable shares at the end of the marriage.
D) include fair and full disclosure of the assets of the parties at the time of the agreement.

Question 8

Joint custody,by definition,always includes shared

A) physical custody.
B) financial responsibility.
C) decision-making regarding the child's welfare.
D) visitation.

Question 9

Regarding legal rights of parties,dissolution of a legally recognized common law marriage

A) treats the parties as if legally married.
B) treats the parties as cohabitants.
C) treats the parties as if they were in a contractual agreement.
D) None of the above.

Question 10

Legal separation

A) must occur before a divorce can be granted.
B) always occurs when parties want to attempt reconciliation.
C) always occurs when parties cease living together.
D) attempts to provide fairness between parties who are living separately.

Question 11

Joint custody

A) means shared decision-making regarding minor children.
B) means equal physical custody of minor children.
C) means equally shared expenses of minor children.
D) None of the above

Question 12

Custody is the right to make all decisions with regard to the welfare and rearing of the minor child.

Question 13

A legal separation

A) has the same effect as a religious annulment.
B) has the same effect as a dissolution of marriage.
C) is the term used to describe parties in a pending dissolution of marriage action.
D) equitably divides the assets,debts,rights,and responsibilities of the parties without affecting the status of the marriage.

Question 14

Antenuptial agreements usually do not address

A) assets.
B) debts.
C) property.
D) custody of children the parties expect to have.

Question 15

A legal annulment

A) is the same as a dissolution of marriage.
B) is not the same as a religious annulment.
C) is permissible only if one of the parties was not of legal age.
D) is permissible only if the parties shared a close blood relationship.

Question 16

This results in voiding the marriage and returning the parties to the position they held prior to the marriage.

A) Antenuptial order
B) Dissolution order
C) Legal separation order
D) Annulment order

Question 17

Modern domestic violence statutes

A) do not usually apply to parties who are married.
B) usually apply only to parties who are married.
C) usually apply to members of the same household.
D) usually apply only to parties who have a legal or blood relationship.

Question 18

Annulment may not be granted on the basis that

A) the parties are brother and sister.
B) one of the parties is already legally married.
C) one of the parties agreed to the marriage only after being threatened.
D) at least one of the parties is over eighteen years old.

Question 19

A valid and legal marriage requires

A) legal capacity.
B) voluntary assent by both parties.
C) appropriate statutory license requirements.
D) All of the above.

Question 20

Child support is usually

A) required of the custodial parent.
B) required of the noncustodial parent.
C) not required in cases of joint custody.
D) not required in cases where a noncustodial parent lives out of state.

Question 21

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
The right to share in all decisions with regard to the rearing of the child

Question 22

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
A contract with respect to property rights of the parties because the marriage may be ended by dissolution

Question 23

An annulment is granted only if conditions existed at the time of the marriage that prevented the legal requirements from being satisfied.

Question 24

The tender years doctrine is declining in use.

Question 25

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Granted when circumstances exist that prevented the marriage from ever becoming valid

Question 26

The property settlement agreement is the contribution by the noncustodial parent for the monetary needs of the child.

Question 27

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Theory that young children are presumed to be best placed in the custody of the mother

Question 28

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
The right to share in time with the child

Question 29

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
The right to make all decisions with regard to the rearing of the child

Question 30

A party forced to marry,who then accepts and takes part in the marriage cannot later obtain an annulment.

Question 31

Parties who live together are generally considered part of a common law marriage.

Question 32

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
A contract with respect to property rights of the parties because the marriage is ended by dissolution

Question 33

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Contribution toward support of legally separated or divorced spouse

Question 34

Failure to pay child support is a reason to stop visitation.

Question 35

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Granted to one party until the court has the opportunity to hear both sides of the issue

Question 36

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Parties who represent themselves as married without the solemnization requirement

Question 37

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Parties with rights similar to contract principles because of the status of their relationship

Question 38

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Contribution by noncustodial parent for monetary needs of the child

Question 39

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Theory that the parent who most serves the needs of the children should have custody

Question 40

The determination of custody is based on the parent who is best able to provide financially for the child.

Question 41

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
A court order requiring or prohibiting certain conduct during the pendency of litigation

Question 42

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Legal majority and adjudicated incompetence

Question 43

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Division of all legal rights of the parties and termination of the marital relationship

Question 44

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
That which is generated by joint efforts or contributed to a marriage

Question 45

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Dissolution without required evidence of wrongdoing by the respondent (defendant)in the action

Question 46

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
Division of legal property rights of parties

Question 47

Match the most appropriate term to the definition.
a.annulment
b.antenuptial agreement
c.common law
d.cohabitate
e.joint custody
f.tender years doctrine
g.visitation
h.permanent injunction
i.legal separation
j.no fault
k.maintenance
l.custody
m.marital property
n.property settlement agreement
o.best interest
p.preliminary injunction
q.child support
r.dissolution of marriage
s.capacity
t.temporary restraining order
A court order requiring or prohibiting certain conduct after litigation