Deck 53: Family Law

Question 1

A decree of divorce is an order of the court declaring that a marriage did not exist.

Answer 1

False

Question 2

A prenuptial agreement is a legal document issued by a state which certifies that two people are married.

Answer 2

False

Question 3

Under the objective rule,the person who was given the engagement ring must return the ring,regardless of which party broke off the engagement.

Answer 3

True

Question 4

Parents have the right to use corporal punishment as long as it does not rise to the level of child abuse.

Question 5

According to the fault rule,if the person who gave the engagement ring breaks off the engagement,then the other party can rightfully keep the engagement ring.

Question 6

All states require a wedding ceremony to be held before the marriage license is given.

Question 7

A decree of divorce is only granted after division of property and other settlements are finalized.

Question 8

A common law marriage does not require a court decree of divorce for termination.

Question 9

A couple that lives separated for a certain time is considered to be divorced.

Question 10

The Defense of Marriage Act provides that same-sex marriages solemnized in one state must be recognized in all other states.

Question 11

A spouse wishing to obtain a no-fault divorce merely has to assert irreconcilable differences with his or her spouse.

Question 12

A person who backs out of a promise to marry can be liable for punitive damages under the law.

Question 13

A parent's refusal to obtain medical care for a child can be punished as a crime.

Question 14

Some states that do not permit gay partners to marry provide that they can enter into "civil unions."

Question 15

The law considers children born of a marriage that is annulled to be legitimate.

Question 16

Cohabitation is not sufficient in and of itself to establish a common law marriage.

Question 17

One of the parties being intoxicated at the time of marriage is grounds for a legal annulment.

Question 18

A common law marriage requires a marriage license to be considered valid.

Question 19

A divorce is the only legal method of terminating a marriage.

Question 20

In an at-fault divorce,neither party is considered to be at fault.

Question 21

Child support money to be paid to the custodial parent by a noncustodial parent is a fixed amount that cannot be modified with changing conditions.

Question 22

To be enforced,a prenuptial agreement must be in writing.

Question 23

In all child custody cases,only the custodial parent has the right to make decisions on behalf of the child.

Question 24

Separate property can be converted to marital property after marriage by placing the other spouse's name on title to the property.

Question 25

In mediation,the divorcing couple is asked to sort out their issues on their own without any outside interference.

Question 26

Which of the following statements is true with regard to a breach of a promise to marry in the United States?

A)It is considered an unlawful and serious breach of contract.
B)The person who initiates the breach is subjected to legal prosecution.
C)Most courts do not recognize a breach of a promise-to-marry lawsuit.
D)The person who backs out will have to pay permanent alimony.

Question 27

Joint marital debts are debts incurred by the spouses prior to the marriage.

Question 28

Stan met Stella a month after his break-up with his ex-girlfriend,Nora.Stan and Stella fell in love,promised to marry each other,and even signed a written contract stating their intentions to marry in six months.Two months before their marriage,Stan met Nora accidentally and they resolved their differences over a long conversation.Stan then informed Stella that he had patched things up with Nora and broke his promise to marry her.Which of the following statements is true in this situation?

A)Stan will have to pay temporary alimony to Stella for this breach.
B)The contract remains valid as Stan could only break the contract three months prior to the marriage.
C)Stella can legally enforce Stan's promise to marry her.
D)Stan is free to leave Stella even though he has broken the contract.

Question 29

Alimony is the amount paid by both parties of a divorce to each other till the settlement agreement is finalized.

Question 30

The nature and duration of visitation rights is determined by the parent who has legal custody without the involvement of the court.

Question 31

Separate property does not include property owned by a spouse prior to the marriage.

Question 32

A mediator is allowed to make decisions for the divorcing couple.

Question 33

In a pro se divorce,the parties represent themselves in court for the divorce proceedings.

Question 34

The Family Support Act allows for automatic wage withholding from a noncustodial parent's income to pay for child support.

Question 35

If a settlement agreement is not reached after mediation,the divorce case goes to trial.

Question 36

If a debt is not paid by the spouse to whom the court has distributed the debt,the third-party creditor may recover payment of the debt from the other spouse.

Question 37

Under the doctrine of community property,all property acquired during the marriage using income earned during the marriage is considered marital property.

Question 38

The ________ is a rule which states that if an engagement is broken off,the person who was given the engagement ring must return the ring,regardless of which party broke off the engagement.

A)fault rule
B)objective rule
C)pro se rule
D)abatement

Question 39

Rehabilitation alimony is terminated upon the remarriage of the receiving party.

Question 40

Stan and Stella had promised to marry each other and signed a written contract stating their intentions.They planned to marry a year from the date of signing the contract.After the signing,Stan proposed to Stella and presented her with an engagement ring.However,two months before the marriage,Stan called off the engagement.If the state in which they reside follows the fault rule for breaking engagements,which of the following would be true?

A)The ring will remain with Stella.
B)The ring will be returned to Stan.
C)The ring will be auctioned and the proceedings will be shared between the couple.
D)The ring will be owned by whoever marries first after the engagement.

Question 41

When is a restraining order issued during a divorce?

A)when both partners have asked for divorce stating irreconcilable differences
B)when one of the partners is financially dependant on the other
C)when one of the partners is disabled and physically dependant on the other
D)when one of the partners is potentially dangerous to the other

Question 42

An order of the court which declares that a marriage did not exist is known as a(n)________.

A)divorce
B)arraignment
C)abatement
D)annulment

Question 43

Which of the following is a requirement for a common law marriage to be valid?

A)that a marriage license was obtained
B)that there was a legal marriage ceremony
C)that the parties live together
D)that the parties have a valid prenuptial agreement

Question 44

Sally,who has been married to Colton for five years,is seeking a divorce.Colton has a drinking problem and he has been physically abusing Sally for the past two years.They have one child together who is recovering from an accident which was caused by Colton's tendency to drive while intoxicated.Colton was also negligent of the family in other areas and he often left Sally with no money to buy food,pay bills,or to take their child to a doctor.Upon receiving Sally's petition for divorce,Colton threatened Sally with dire consequences.At the court hearing,Sally and Colton decided to represent themselves as they could not afford to hire a lawyer.
What kind of divorce would Sally seek to best represent her state?

A)emancipation
B)annulment
C)at-fault divorce
D)no-fault divorce

Question 45

________ occurs when a parent fails to provide a child with the necessities of life or other basic needs.

A)Child custody
B)Child neglect
C)Emancipation of a child
D)Annulment

Question 46

To obtain a no-fault divorce,a couple has to mandatorily prove ________.

A)adultery
B)abandonment
C)substance abuse
D)irreconcilable differences

Question 47

Sally,who has been married to Colton for five years,is seeking a divorce.Colton has a drinking problem and he has been physically abusing Sally for the past two years.They have one child together who is recovering from an accident which was caused by Colton's tendency to drive while intoxicated.Colton was also negligent of the family in other areas and he often left Sally with no money to buy food,pay bills,or to take their child to a doctor.Upon receiving Sally's petition for divorce,Colton threatened Sally with dire consequences.At the court hearing,Sally and Colton decided to represent themselves as they could not afford to hire a lawyer.
Which of the following can Sally obtain to protect herself from Colton after the divorce?

A)an annulment order
B)a restraining order
C)a postnuptial agreement
D)a divorce decree

Question 48

Which of the following statements is true of the fault rule of breaking engagements?

A)If the person who has accepted an engagement ring breaks off the engagement,the ring will be owned by the person who marries first.
B)If the person who has accepted an engagement ring breaks off the engagement,that person can retain the engagement ring.
C)If the person who gave the engagement ring breaks off the engagement,the other side can rightfully keep the engagement ring.
D)If the person who gave the engagement ring breaks off the engagement,the ring is sold at an auction and the proceeds are shared between both parties.

Question 49

A divorce recognized by the law of a state whereby neither party is blamed for the divorce is known as a(n)________.

A)annulment
B)pro se divorce
C)no-fault divorce
D)at-fault divorce

Question 50

Which of the following legislations bars same-sex couples from enjoying federal benefits?

A)Defense of Marriage Act
B)Family Support Act
C)Equal Protection Clause
D)Marriage Protection Act

Question 51

________ is a divorce proceeding in which the parties represent themselves in the divorce action.

A)Pro se divorce
B)Settlement agreement
C)Emancipation
D)Prenuptial agreement

Question 52

________ is a type of marriage some states recognize,in which a marriage license has not been issued but certain requirements are met.

A)Emancipation
B)Common law marriage
C)Free union
D)Cohabitation

Question 53

Which of the following can lead to an annulment?

A)if one of the parties has breached the promise to marry
B)if one or both parties were intoxicated at the time of the marriage
C)if one of the parties has children from a prior marriage that was legally terminated
D)if both parties failed to sign a prenuptial agreement in advance of their marriage

Question 54

Which of the following is a misconception of a common law marriage?

A)that the parties have to voluntarily intend to be husband and wife in order to establish a common law marriage
B)that only parties who have a marriage license can establish a common law marriage
C)that living together is necessary to establish a common law marriage
D)that cohabitation is sufficient in and of itself to establish a common law marriage

Question 55

Which of the following is a requirement for an ordinary marriage in all states?

A)marriage license
B)marriage ceremony
C)prenuptial agreement
D)parental consent

Question 56

Which of the following is a requirement for marriage?

A)Neither party can be currently married to someone else.
B)Neither party can be eligible to marry if they are emancipated.
C)Both parties have to be above 18 years to marry even if they are emancipated.
D)The marrying couple must be closely related by blood.

Question 57

Which of the following is true of a common law marriage?

A)Both parties enjoy relaxations in the eligibility criteria in terms of minimum age and emancipation when they marry.
B)All the rights and duties of a normal licensed marriage apply to a common law marriage.
C)A court decree of divorce is not required to end a common law marriage as there is no marriage license or ceremony.
D)The parties involved need not provide proof of cohabitation to create a common law marriage.

Question 58

What is a decree of divorce?

A)a petition filed by the spouse seeking divorce
B)a court order that terminates a marriage
C)a set of rules on how assets are to be divided after divorce
D)a court order placing limitations on a dangerous partner to go near the other partner

Question 59

A minor's act of legally separating from his or her parents and providing for himself or herself is known as ________.

A)ademption
B)revocation
C)annulment
D)emancipation

Question 60

Which of the following is a provision of the Defense of Marriage Act?

A)that same-sex marriages are permissible for people who are legally eligible to marry
B)that states ban same-sex marriages and disallow civil unions between members of the same-sex
C)that states cannot be forced to recognize same-sex marriages performed in other states
D)that states cannot refuse to offer federal benefits like Social Security to couples in same-sex marriages

Question 61

Jane and Will got married three years ago after which Will moved into Jane's ancestral home.Over the three years of their marriage,Jane bought a new car for Will and a farmhouse in the suburbs from her own funds.The farmhouse was registered jointly in their names.Will continued to invest heavily in stocks and bonds from their collective income and transferred his existing stock market assets in Jane's name.
In the event of Jane and Will opting for a divorce,Will's stocks and bonds would be considered to be a part of ________.

A)Jane's separate property
B)the couple's marital assets
C)Will's separate property
D)the couple's separate property

Question 62

A(n)________ is a written document signed by divorcing parties that evidences their agreement in the division of property,rights and duties,and other issues of their divorce.

A)settlement agreement
B)prenuptial agreement
C)decree of divorce
D)pro se divorce

Question 63

________ is a law in which the court orders a fair sharing of marital property to the divorcing spouses allowing that the fair share need not be an equal share.

A)Community property distribution
B)Equitable distribution
C)Equal asset distribution
D)Half-division distribution

Question 64

Jane and Will got married three years ago after which Will moved into Jane's ancestral home.Over the three years of their marriage,Jane bought a new car for Will and a farmhouse in the suburbs from her own funds.The farmhouse was registered jointly in their names.Will continued to invest heavily in stocks and bonds from their collective income and transferred his existing stock market assets in Jane's name.
In the event of Jane and Will opting for a divorce,________ would be considered separate property for Jane.

A)the ancestral home
B)the new car
C)the stocks and bonds
D)the farmhouse

Question 65

Property owned by a spouse prior to marriage,as well as inheritances and gifts received by a spouse during the marriage are referred to as ________.

A)separate property
B)marital property
C)community property
D)alimony

Question 66

Na Li is a South-Asian immigrant in New Jersey who was divorced by her husband after 34 years of marriage.Na Li can proficiently converse in her native language only.She lacks any employable skills and has been restricted to her home throughout her marriage and childbearing years.She has two children who are employed in different cities.Na Li also suffers from a mild but prolonged depressive disorder called dysphoria.Na Li is most likely to qualify for ________ considering her situation.

A)child support
B)temporary alimony
C)rehabilitation alimony
D)permanent alimony

Question 67

Alimony that is ordered by the court to be paid by one divorcing spouse to the other divorcing spouse for a limited period of time is known as ________.

A)rehabilitation alimony
B)lifetime alimony
C)life estate
D)intestacy allowance

Question 68

Which of these legally binding documents are created before a marriage?

A)an annulment
B)a reciprocal will
C)a settlement agreement
D)a prenuptial agreement

Question 69

________ is a law used by some states in which the court orders an equal division of marital property to the divorcing spouses.

A)Equitable distribution
B)Adjusted distribution
C)Community property distribution
D)Half-division distribution

Question 70

The ________ is a federal statute that provides for the automatic wage withholding of child support payments from a noncustodial parent's income.

A)Marriage Protection Act
B)Equal Protection Clause
C)Family Support Act
D)Defense of Marriage Act

Question 71

Payments made by one divorced spouse to the other divorced spouse are collectively referred to as ________.

A)debt money
B)trust
C)estate
D)alimony

Question 72

A custody arrangement whereby the child of divorcing parents spends a certain amount of time being raised by each parent is known as ________.

A)visitation rights custody
B)joint physical custody
C)arraignment
D)accommodation

Question 73

The main objective of rehabilitation alimony is to provide ________.

A)permanent financial compensation to an elderly divorced spouse
B)temporary financial reprieve till the spouse can rejoin the workforce
C)financial support for the spouse till he or she dies
D)financial award for spouses who have no chance of rejoining the workforce

Question 74

The courts ordered Colton to pay 25 percent of his gross monthly income as child support.Additionally,the court ordered Colton's employer to automatically withhold 25 percent of his wages and send it to Sally as a check.This mode of providing alimony to Sally is stipulated by the ________.

A)Defense of Marriage Act
B)Marriage Protection Act
C)Equal Protection Clause
D)Family Support Act

Question 75

Sally,who has been married to Colton for five years,is seeking a divorce.Colton has a drinking problem and he has been physically abusing Sally for the past two years.They have one child together who is recovering from an accident which was caused by Colton's tendency to drive while intoxicated.Colton was also negligent of the family in other areas and he often left Sally with no money to buy food,pay bills,or to take their child to a doctor.Upon receiving Sally's petition for divorce,Colton threatened Sally with dire consequences.At the court hearing,Sally and Colton decided to represent themselves as they could not afford to hire a lawyer.
Sally and Colton adopted a(n)________ approach by choosing to represent themselves in court.

A)settlement
B)pro se divorce
C)arraignment
D)annulment

Question 76

What kind of financial recourse can Sally,who is now self-sufficient,claim from Colton?

A)annulment
B)child support
C)permanent alimony
D)rehabilitation alimony

Question 77

Upon the termination of a marriage,the separate property owned by spouses is ________.

A)equally divided between the spouses
B)retained by the respective spouses who owned it
C)shared using a fair distribution method for marital assets
D)co-owned by both spouses

Question 78

In this situation,what kind of custody,if any,would Colton have on the child?

A)joint physical custody
B)joint custody
C)no custody; supervised visitation rights
D)no custody; ordinary visitation rights

Question 79

Which of the following statements is true of the award of legal custody after a divorce?

A)The awarding of legal custody to a custodial parent is permanent.
B)The custodial parent only has physical custody because legal custody is always shared among divorced parents of the child.
C)The wishes of the child in determining who receives legal custody is given increasing consideration for older children.
D)The court cannot refuse to award custody to either parent under any extenuating circumstances.

Question 80

In which of the following cases is separate property considered marital property?

A)if the separate property was owned by the spouse prior to the terminated marriage
B)if the separate property was an inheritance
C)if the owner transferred title to the separate property to the spouse's name
D)if the separate property was a gift received during marriage