CA Certified Specialist — Family Law

Under California Family Code §2310, what are the only two grounds on which a court may grant dissolution of marriage?

• AAdultery or cruelty
• BIrreconcilable differences or permanent legal incapacity to make decisions
• CAbandonment or financial misconduct
• DFault by either spouse

Under California Family Code §2320, what is the residency requirement for filing a petition for dissolution of marriage in California?

• AOne spouse must have been a resident of California for 6 months and the county for 3 mont…
• BBoth spouses must have been residents of California for 1 year
• COne spouse must have been a resident of California for 1 year and the county for 3 months
• DOne spouse must have been a resident of California for 30 days and the county for 30 days

Under Family Code §2400, which of the following is NOT an eligibility requirement for summary dissolution of marriage?

• AThe marriage is not more than five years in duration
• BThere are no children of the relationship born or adopted before or during the marriage
• CThe community property obligations total less than $7,000 (excluding auto loans)
• DThe community property assets total less than $50,000 (excluding vehicles)

Under California Family Code §2210, which of the following marriages is VOIDABLE rather than void from inception?

• AAn incestuous marriage between siblings
• BA bigamous marriage where one spouse already has a living lawful spouse
• CA marriage where one party was of unsound mind at the time of the ceremony
• DA marriage between two persons who are first cousins

Under Family Code §2310 and §2345, the earliest a court may enter judgment of dissolution is when?

• AImmediately upon filing the petition
• BSix months and one day after the date of service or appearance of the respondent
• CSix months after the date of filing the petition
• DOne year after separation

Under Family Code §2335, what is the rule regarding evidence of specific acts of misconduct in dissolution proceedings?

• ASpecific acts of misconduct are admissible to determine support amounts
• BSpecific acts of misconduct are improper and inadmissible except as expressly permitted b…
• CSpecific acts of misconduct may be considered but only to allocate property
• DSpecific acts of adultery are admissible but other misconduct is not

Under Family Code §70, the 'date of separation' is defined as the date when:

• AThe parties physically moved into separate residences
• BOne spouse subjectively decided to end the marriage, regardless of communication
• CA complete and final break in the marital relationship has occurred, evidenced by express…
• DThe petition for dissolution was filed with the court

A legal separation under Family Code §2310 differs from a dissolution in which key respect?

• AIt does not require the six-month waiting period
• BIt restores the parties to single status, allowing remarriage
• CIt does not require California residency at the time of filing
• DIt allows parties to retain spousal benefits like health insurance through the other spou…

Under Family Code §721(b), spouses owe each other a fiduciary duty. Which standard governs this duty?

• AThe duty of an arm's-length party in a commercial transaction
• BThe same duty as that of unmarried business partners under the Corporations Code
• CA heightened duty of good faith with no disclosure requirements
• DA duty of good faith but without obligation to disclose information

Under California Family Code §2210(a), a marriage is voidable on grounds of age if at the time of marriage:

• AEither party was under 21 without parental consent
• BEither party was under 18 and the marriage occurred without proper consent procedures
• CEither party was over 65 and lacked capacity
• DBoth parties were minors with no parental consent

Under Family Code §2210(d), fraud as a ground for nullity must go to which aspect of the marriage?

• AAny material misrepresentation regarding income or assets
• BThe essentials of the marriage relationship, such as a secret intent never to have childr…
• CMisrepresentation about prior marriages or criminal history
• DAny misrepresentation made before the wedding ceremony

Under Family Code §2251, the doctrine of putative spouse applies when:

• AA party knew the marriage was void or voidable but proceeded anyway
• BA party had a good faith belief in the validity of the marriage that is later determined…
• CThe parties cohabitated for at least seven years
• DThe parties obtained a marriage license but never had a ceremony

Under Family Code §297-297.5, registered domestic partners in California are treated for property and support purposes:

• ASubstantially the same as married spouses under the Family Code
• BLike cohabitants with only contract-based remedies
• CLike business partners under the Corporations Code only
• DWithout any community property rights

Under California Family Code §2400(a)(7), parties seeking summary dissolution must do which of the following?

• AWait at least one year after marriage before filing
• BExecute a written property settlement agreement and waive spousal support
• CAttend mandatory family law mediation
• DHave a judge approve their decision to use summary dissolution

Under Family Code §2122, a judgment of dissolution may be set aside for actual fraud no later than:

• A30 days after entry of judgment
• BOne year after the party discovered or should have discovered the fraud
• CThree years after entry of judgment
• DFive years after the date of the fraud

Under Family Code §2104 and §2105, what is the consequence of failing to serve a Preliminary Declaration of Disclosure (PDD)?

• AThe case is automatically dismissed
• BThe court cannot enter judgment of dissolution until disclosures are exchanged
• COnly a $500 sanction is imposed
• DThere is no consequence as PDD is optional

Under Family Code §2030, the court may order one party to pay the other's attorney fees in dissolution proceedings based on:

• AFault, specifically which spouse caused the breakdown of the marriage
• BThe relative circumstances of the parties to ensure each has access to legal representati…
• CAlways 50/50 regardless of income
• DOnly when both spouses earn over $100,000

Under Family Code §297, registration as domestic partners in California is now available to:

• AOnly same-sex couples
• BOnly couples where at least one party is 62 years of age
• CBoth same-sex and opposite-sex couples regardless of age, effective January 1, 2020
• DOnly opposite-sex couples

Family Code §2336 provides that a default judgment of dissolution requires:

• ANo evidence at all; the court enters judgment on the petition alone
• BProof by the petitioner, in writing or testimony, of the grounds and material allegations
• CTestimony of two witnesses to the marriage breakdown
• DProof beyond a reasonable doubt

Under Family Code §2024, a court may issue automatic temporary restraining orders (ATROs) at the time of filing a dissolution petition. Which of the following is NOT covered by the ATROs?

• ATransferring or disposing of community or quasi-community property
• BRemoving minor children from California without prior written consent or court order
• CCashing, borrowing against, or changing beneficiaries on insurance policies
• DVoluntarily resigning a high-paying job to reduce support obligations

Under Family Code §3011, the standard the court applies in making any custody determination is:

• AThe wishes of the parent with the higher income
• BThe best interest of the child
• CThe tender years doctrine, presuming custody to the mother
• DEqual physical custody in all cases

Under Family Code §3044, a finding of domestic violence within the prior five years creates which presumption regarding custody?

• AA conclusive presumption against any contact with the abusive parent
• BA rebuttable presumption that an award of sole or joint physical or legal custody to the…
• CA presumption that the abusive parent should receive only supervised visitation
• DNo presumption; the court treats domestic violence as one factor among many

Under Family Code §3042, a court must consider the wishes of a child regarding custody if the child is:

• AAt least 12 years old, unless the court determines it is not in the child's best interest
• BAt least 16 years old in all circumstances
• CAt least 18 years old
• DAt least 14 years old with parental consent

Under California Family Code §3003, 'joint legal custody' means:

• AEach parent has the right and responsibility to share in decisions about the child's heal…
• BThe child spends equal time with each parent
• CBoth parents have physical custody but legal decisions go to one parent
• DBoth parents must reside in the same county

Under Family Code §3170, when custody or visitation is contested, the parties must:

• AProceed directly to trial without any pre-trial process
• BAttempt mediation through court-connected Family Court Services before contested hearing
• CSubmit to binding arbitration
• DComplete a parenting class lasting at least 26 weeks

Under Family Code §3111, when the court appoints a child custody evaluator under Evidence Code §730 or Family Code §3110:

• AThe evaluator's report is confidential and not admissible at trial
• BThe report is filed with the court at least 10 days before any hearing, subject to discov…
• CThe evaluator's recommendations are binding on the court
• DOnly one parent receives a copy of the report

Under Family Code §7501 and the Marriage of Burgess (1996) doctrine, a custodial parent's request to move with the child:

• AIs automatically denied unless the non-custodial parent consents
• BCarries a presumptive right to change the child's residence, subject to the court's power…
• CMust be approved only if the move is less than 100 miles
• DRequires the moving parent to forfeit all custody rights

Under Family Code §3041, when may the court grant custody to a non-parent over the objection of a parent?

• AWhenever the non-parent has more financial resources
• BOnly upon a finding by clear and convincing evidence that granting custody to a parent wo…
• CWhen the child has lived with the non-parent for more than one year
• DNever; parental rights are absolute under California law

Under California's adoption of the UCCJEA (Family Code §§3400–3465), 'home state' for initial custody jurisdiction means:

• AThe state where the petition is first filed
• BThe state where the child has lived with a parent for at least six consecutive months imm…
• CThe state where the child was born
• DThe state where the marriage occurred

Under Family Code §3100, the court may order visitation rights:

• AOnly between parents and minor children
• BBetween parents, and in appropriate cases, with grandparents, stepparents, and other pers…
• COnly when both parents agree
• DOnly after the dissolution is final

Under Family Code §3030, a parent who has been convicted of a violation of Penal Code §288 (lewd or lascivious acts with a child) shall:

• ABe entitled to unsupervised visitation
• BBe denied custody and, unless the court finds otherwise based on clear and convincing evi…
• CBe given joint physical custody
• DHave visitation suspended for one year only

Under Family Code §3027.1, when a parent makes a knowingly false child abuse accusation in a custody proceeding, the court may:

• ATake no action because such allegations should always be investigated
• BImpose monetary sanctions against the accuser, including reasonable attorney fees incurre…
• CAutomatically grant sole custody to the falsely accused parent
• DRefer the matter to criminal prosecution only

Under Family Code §3020(a), the legislature has declared that California's public policy is:

• ATo award equal time to both parents in all cases
• BTo ensure the health, safety, and welfare of children shall be the court's primary concer…
• CTo favor the mother in cases of young children
• DTo resolve custody disputes through arbitration

Under Family Code §3110.5, a court-appointed child custody evaluator (Evidence Code §730) must satisfy:

• ANo specific qualifications; the court may appoint any person
• BCalifornia Rule of Court 5.225 qualifications, including specified education, licensure,…
• CBe a licensed attorney with family law specialty
• DBe employed by Family Court Services

Under Family Code §3150, the court may appoint counsel for a minor child in a custody dispute when:

• AThe child is at least 12 years old
• BEither party requests it
• CThe court determines it is in the best interest of the child, particularly in high-confli…
• DThe child has been the subject of allegations of abuse

Under Family Code §3022.5, when one parent is a habitual user of controlled substances, the court may order:

• APermanent denial of all custody and visitation rights
• BSubstance abuse testing as a condition of custody or visitation, with periodic random tes…
• CMandatory removal of the child from the family home
• DTermination of parental rights

Under California Family Code §4055 and Statewide Uniform Guideline, child support calculation is based on:

• AA fixed percentage of the obligor's gross income
• BAn algebraic formula that considers both parents' net disposable incomes and the percenta…
• CA judge's subjective assessment of the child's needs
• DThe mother's stated budget

Under Family Code §4057, the statewide uniform guideline amount is presumed correct, but may be rebutted by:

• AAny reason the court finds equitable
• BSpecific statutory factors including a stipulated agreement, application of formula would…
• COnly by mutual agreement of the parties
• DOnly by showing the obligor cannot afford the guideline amount

Under Family Code §4058, 'annual gross income' for child support purposes includes:

• AOnly W-2 wages
• BIncome from whatever source derived, except specified exclusions like need-based public a…
• COnly base salary excluding bonuses and commissions
• DOnly income reported on federal tax returns

Under Family Code §4058(b), the court may impute income to a parent based on earning capacity when:

• AThe parent earns less than the statewide median income
• BConsistent with the child's best interest, when the parent has the ability and opportunit…
• CThe parent has changed jobs in the last year
• DThe parent is the lower earner

Under Family Code §4056, the court must state on the record:

• AThe judge's personal feelings about each party
• BThe net monthly disposable income of each parent, actual federal tax filing status, deduc…
• COnly the amount of support ordered
• DOnly the obligor's gross income

Under Family Code §3901, child support obligations generally terminate when the child:

• AReaches age 18 in all circumstances
• BReaches age 18 unless still a full-time high school student living with a parent and not…
• CReaches age 21
• DGraduates from college

Under Family Code §4062, the court must order child support add-ons for:

• AOnly court-ordered college tuition
• BChild care necessary for employment or reasonably necessary education/training for employ…
• COnly private school tuition
• DRecreational activities chosen by the obligee

Under Family Code §4061, mandatory add-on expenses (child care and uninsured health) are presumptively:

• APaid entirely by the higher earner
• BApportioned one-half to each party unless either party requests a different apportionment…
• CPaid entirely by the custodial parent
• DCapped at $500 per month

Under Family Code §3651, an order for child support may be modified or terminated:

• AOnly every three years
• BAt any time the court determines necessary, generally requiring a showing of a material c…
• COnly by stipulation of the parties
• DNever after final judgment

Under Family Code §17400 et seq., the California Department of Child Support Services (DCSS) may:

• AEstablish, enforce, and modify child support orders without representing either parent
• BRepresent only the custodial parent
• CProvide free legal representation to both parents
• DOnly collect existing support orders

In Marriage of Cheriton (2001), the California Supreme Court addressed 'extraordinarily high income' obligors. The Court held that:

• AGuideline always applies regardless of income
• BThe §4057(b)(3) rebuttal for high earners requires affirmative showing that guideline wou…
• CChild support is capped at $5,000 per month
• DHigh earners need not pay any child support

Under Family Code §4007.5, when the parent ordered to pay child support is incarcerated or involuntarily institutionalized for more than 90 consecutive days, child support is:

• AAutomatically increased
• BSuspended by operation of law unless the parent has the means to pay or the incarceration…
• CContinued at the full amount and accrues as arrears
• DForgiven entirely