Deck 8: Divorce and Separation

Question 1

A couple living in New York, an equitable distribution state, may agree to file for divorce in California to take advantage of California's community property statutes.

Answer 1

False

Question 2

Rehabilitative alimony will only be ordered if the dependent spouse is in need of physical therapy.

Answer 2

False

Question 3

A litigant who represents himself or herself is called

A) pro se
B) pendente lite
C) the defendant
D) jurisdiction

Answer 3

A

Question 4

A client's first impression of a law firm is the least of the law firm's concerns.

Question 5

A party's financial statement does not have to be very detailed if his or her income tax records are available for review by the court.

Question 6

Some assets owned by a divorcing spouse may be immune from distribution during the divorce.

Question 7

Community property is the statutory method for dividing marital property in the majority of states.

Question 8

A/An _____ is a formal agreement between an attorney and a client.

A) retainer agreement
B) in personam jurisdiction
C) answer
D) pleading

Question 9

An alimony obligation may only be terminated upon remarriage of the payee spouse or death of either spouse.

Question 10

Judicial separation is an alternative to divorce in all 50 states.

Question 11

The Latin term _____ means "during the pendency of the litigation."

A) pendente lite
B) pro se
C) certiorari
D) in rem

Question 12

A divisible divorce is the opposite of a bifurcated divorce.

Question 13

Unlike the other alimony options, permanent alimony is not modifiable.

Question 14

_____, also known as a budget statement, is a financial statement required by the court.

A) A case information statement
B) A general ledger
C) QuickBooks
D) An answer

Question 15

When one spouse does not want to be married any longer, he or she seeks a

A) divorce
B) complaint
C) writ of certiorari
D) doctor

Question 16

A person's domicile is determined by where his or her children live.

Question 17

A great way for a divorcing couple to save money is to share the services of one attorney.

Question 18

Prior to the introduction of no-fault divorce statutes in the 1970s, a statutorily mandated legal cause of action was required in the complaint for a person to obtain a divorce. This is no longer the case.

Question 19

Proving a legal cause of action can have an effect on the judgments pertaining to spousal and child support, child custody, and property settlement.

Question 20

A judicial separation involves the splitting of all a couple's assets between the two spouses.

Question 21

In a bifurcated divorce

A) the divorce is tried separately from other issues in the dissolution of the marriage
B) a restraining order prevents the parties from being within a specified distance of one another
C) the parties cannot agree to child custody provisions
D) a restraining order prevents the parties from being within a specified distance of one another and the parties cannot agree to child custody provisions

Question 22

To obtain a divorce, a litigant must prove a/an

A) cause of action
B) pendente lite
C) writ of certiorari
D) ex parte

Question 23

A request from the losing party to the highest court for reconsideration is called

A) a writ of certiorari
B) certification of plaintiff
C) a waiver of service
D) considering

Question 24

To start the process of divorce in the legal system, the plaintiff must first file a

A) complaint or petition
B) notice of motion
C) retainer agreement
D) writ of certiorari

Question 25

An absolute divorce is defined as

A) the termination of a valid marriage other than by death
B) the choosing of a forum
C) a divorce decree that is issued by the state in which one spouse resides
D) a divorce obtained without the consent of the other spouse

Question 26

One of the responses to a complaint for divorce that a defendant can file is a/an

A) counterclaim
B) order
C) motion
D) writ of certiorari

Question 27

Jurisdiction to render a judgment on a particular person or entity is called

A) in personam jurisdiction
B) concurrent jurisdiction
C) in rem jurisdiction
D) diversity jurisdiction

Question 28

The person who is being sued in a divorce case is called

A) a defendant or respondent
B) a plaintiff or petitioner
C) a pro se litigant
D) Jane or John Doe

Question 29

Service permitted under certain circumstances in place of personal service, such as service by mail, is also known as

A) constructive service
B) sequester
C) a separation agreement
D) personal service

Question 30

When filing a motion, you must be sure to include a notice of motion, certification of mailing, proposed order, and

A) certification of plaintiff/defendant
B) notice of cross-motion
C) counterclaim
D) interrogatories

Question 31

A _____ is a pleading requesting the court to order financial relief during litigation.

A) motion for pendente lite support
B) motion for modification
C) motion for reconsideration
D) motion for enforcement

Question 32

For a court to hear a certain type of case, the court must have

A) subject matter jurisdiction
B) a trial notebook
C) a long-arm statute
D) judicial notice

Question 33

To avoid the sheriff's showing up at his or her residence or place of employment, a defendant can sign a

A) waiver of service
B) writ of certiorari
C) retainer agreement
D) certification

Question 34

A/An _____ is a formal document in which a party is told what he or she can or cannot do.

A) order
B) affidavit of service
C) pleading
D) forum shopping list

Question 35

The caption contains the names of the litigants; they are the

A) plaintiff and defendant
B) plaintiff and answer
C) court and division
D) pro se and defendant

Question 36

The person who initiates a lawsuit is called

A) a plaintiff or petitioner
B) a defendant or respondent
C) a pro se litigant
D) Jane or John Doe

Question 37

The process of choosing a court that you think would be more sympathetic to your case is known as

A) forum shopping
B) form books
C) interrogatories
D) venue

Question 38

Once a plaintiff serves the defendant with a summons and complaint for divorce, the defendant has a certain number of days to respond. Where would you look to determine the number of days?

A) the state's court rules
B) the state's Blue Book
C) the state's digest
D) the state's courthouse newsletter

Question 39

If a court has the authority to hear a case based on the fact that property is the subject, then the court has

A) in rem jurisdiction
B) judicial notice
C) pendente jurisdiction
D) secondary authority

Question 40

To bifurcate a divorce means to

A) grant a divorce without having a settlement agreement in place
B) give one litigant a divorce but not the other one
C) settle the property but not grant a divorce
D) divide the children between the parents

Question 41

_____ alimony is typically awarded under circumstances in which one party supported the other through an advanced education.

Question 42

An alimony or spousal support obligation may be terminated if the payee spouse remarries or cohabits with a new romantic partner, if either spouse dies, or if the payor spouse is _____.

Question 43

Depending on the state, no-fault statutes still require a showing of irreconcilable differences or _____ breakdown.

Question 44

_____ alimony entails a complete monetary payout of the total amount of alimony. It is also called alimony in gross.

Question 45

Since the introduction of _____ divorce statutes in the 1970s, couples may end their marriages without placing blame.

Question 46

The bottom line when discussing alimony is that a judge's order to pay alimony is always subject to review and _____ by the court.

Question 47

When one state grants a couple's divorce and another state hears the property settlement, the divorce is called a divisible or _____ divorce.

Question 48

To obtain a divorce in a particular state, a couple must meet the _____ requirement, which gives the court jurisdiction over their divorce.

Question 49

If you and your spouse are not divorced but are not living together as husband and wife, you may seek a/an _____ to formalize that fact.

Question 50

_____ states have no-fault divorce statutes.

Question 51

_____ alimony is the alimony of choice when circumstances indicate that the dependent spouse is unlikely to be rehabilitated to a level that he or she may reach the standard of living enjoyed during the marriage.

Question 52

There are two statutory methods for dividing marital property. They are community property and _____.

Question 53

Rehabilitative alimony is sometimes called _____.

Question 54

The plaintiff files a/an _____ and pays a filing fee. The defendant can then file an answer.

Question 55

_____ alimony, also known as term alimony, is often utilized when rehabilitation of the dependent spouse is not necessary or when the marriage was short.

Question 56

Whether a court has in personam jurisdiction and _____ jurisdiction are important questions to be answered.

Question 57

If you are granted a divorce, you need to make sure that it is a/an _____ and full divorce.

Question 58

If the defendant fails to answer or acknowledge the complaint, the court will issue a/an _____.

Question 59

_____ alimony allows a spouse to be trained in a field that will assist him or her in becoming self-sufficient.