NALA ACP — Family Law

A couple obtains a marriage license, exchanges vows before an authorized officiant, and signs the license, but the officiant never returns it to the county clerk for recording. In most U.S. states, what is the legal status of the marriage?

• AValid, because recording the license is generally a ministerial step that does not by its…
• BVoid, because an unrecorded marriage license has no legal effect
• CVoidable only, until one party files to confirm it
• DValid only if the couple later cohabits for the statutory common-law period

Which of the following marriages is VOID from its inception, requiring no court decree to be treated as legally nonexistent?

• AA marriage entered into based on one spouse's fraudulent misrepresentation about wanting…
• BA bigamous marriage where one party was already legally married to a living spouse
• CA marriage where one party was temporarily intoxicated at the ceremony
• DA marriage between cousins in a state that permits first-cousin marriage

A client wants a divorce but does not want to allege any wrongdoing by the other spouse. The paralegal should explain that a no-fault divorce in most states is typically granted on what ground?

• AAdultery established by clear and convincing evidence
• BDesertion for a statutory period
• CIrreconcilable differences or irretrievable breakdown of the marriage
• DHabitual cruelty

A petitioner files for dissolution but has lived in the state for only two weeks. The respondent moves to dismiss. The most likely basis for dismissal is:

• AImproper venue within the correct state
• BLack of personal jurisdiction over the petitioner
• CFailure to join an indispensable party
• DFailure to satisfy the state's durational residency requirement for divorce jurisdiction

What is the principal legal difference between an annulment and a divorce?

• AAn annulment declares that a marriage was void or voidable and treats it as though it nev…
• BAn annulment is available only in community property states
• CA divorce requires fault while an annulment does not
• DAn annulment ends a valid marriage, while a divorce declares the marriage never legally e…

In a bifurcated dissolution proceeding, the court does which of the following?

• ARefers all issues to a private judge for binding arbitration
• BGrants the divorce status first and reserves financial and custody issues for later resol…
• CDivides all property before addressing the grounds for divorce
• DRequires both parties to attend mediation before any hearing

A couple lived together for ten years in a state that recognizes common-law marriage, held themselves out as married, and intended to be married. They then move to a state that does not recognize common-law marriage. How should their relationship generally be treated in the new state?

• AAs void, because they never obtained a license
• BAs legally single, because the new state does not allow common-law marriage
• CAs a valid marriage, because a marriage validly created in one state is generally recogni…
• DAs a domestic partnership only

Which document formally begins a divorce action and states the relief the filing spouse seeks?

• AThe marital settlement agreement
• BThe qualified domestic relations order
• CThe answer
• DThe petition or complaint for dissolution

A respondent is properly served with a divorce petition but files no response within the statutory period. The petitioner may seek:

• AA default judgment of dissolution based on the petition
• BMandatory binding arbitration
• CSanctions against the court clerk
• DAn automatic dismissal of the case

A paralegal is preparing a financial affidavit (declaration of disclosure) in a dissolution. The primary purpose of mandatory financial disclosure is to:

• AAllow the parties to avoid serving discovery requests entirely
• BEnsure each spouse has full and accurate information about marital assets, debts, income,…
• CReplace the need for a marital settlement agreement
• DSubstitute for the residency requirement

Which of the following BEST describes a marital settlement agreement (MSA) in a dissolution?

• AA unilateral waiver of all spousal rights
• BA court order entered after a contested trial
• CA contract between spouses resolving property, support, and custody issues, which the cou…
• DA pleading that commences the action

Fraud sufficient to render a marriage VOIDABLE for annulment generally must go to:

• AThe other party's prior dating history
• BA spouse's exaggeration of personal wealth alone
• CAny misrepresentation, however trivial, made before the wedding
• DThe essentials of the marital relationship, such as the ability or intent to consummate o…

After a divorce judgment, a former spouse wishes to resume using a prior surname. Typically:

• AThe dissolution judgment can itself restore the former name upon request
• BOnly a probate court can restore the name
• CThe name change requires the other spouse's consent
• DA separate civil name-change petition is always required

A legal separation differs from a divorce primarily because, after a decree of legal separation:

• AThe court loses jurisdiction over the children
• BThe parties remain legally married and cannot remarry
• CAll marital property automatically vests in the higher earner
• DNeither party may seek spousal support

In a contested dissolution, the court issues automatic temporary restraining orders (ATROs) upon filing in many states. A typical ATRO restrains the parties from:

• AAttending the children's school events
• BSpeaking to their own attorneys about the case
• CTransferring, concealing, or dissipating marital assets without consent or court order
• DFiling any motions during the case

Which of the following is a classic ground for declaring a marriage VOIDABLE rather than void?

• AA marriage solemnized without any license in a license-required state
• BA marriage between a brother and sister
• CA bigamous second marriage
• DA marriage induced by duress where consent was not freely given

A client married in another country and now seeks a U.S. divorce. The general rule on recognizing the foreign marriage is:

• AA marriage valid where celebrated is generally recognized in the U.S. unless it violates…
• BThe marriage must be re-solemnized in the U.S. first
• CRecognition depends solely on federal immigration approval
• DForeign marriages are never recognized in U.S. courts

A paralegal drafting a divorce decree must ensure the final judgment addresses all of the following EXCEPT:

• ASpousal support or an express reservation/waiver
• BThe criminal sentencing of either spouse
• CDivision of marital property and debts
• DChild custody, visitation, and support where children are involved

In an equitable distribution state, how does a court divide marital property?

• ABased solely on which spouse earned more income
• BAlways exactly 50/50 between the spouses
• CIn a manner the court deems fair and just based on statutory factors, which may or may no…
• DEntirely to the spouse who holds legal title

In a community property state, property acquired by either spouse during the marriage through labor or earnings is presumptively:

• AProperty of the spouse holding title
• BSubject to a constructive trust for the children
• CThe separate property of the acquiring spouse
• DCommunity property owned equally by both spouses

During the marriage, one spouse inherits $100,000 from a parent and deposits it into a bank account titled solely in that spouse's name, never adding marital funds. On divorce, this inheritance is most likely characterized as:

• AThe separate property of the inheriting spouse, not subject to division
• BProperty automatically split 50/50 because it was acquired during marriage
• CA marital debt
• DMarital/community property subject to division

A spouse owned a rental house before marriage (separate property). During the marriage, both spouses used joint earnings to pay the mortgage and renovate it. At divorce, the other spouse will most likely argue for:

• AA complete forfeiture of the house to the marital estate
• BA community or marital interest in, or reimbursement for, the increase in value attributa…
• CTreating the entire property as community because they lived there
• DAwarding the property to whichever spouse first files

Which of the following is generally treated as SEPARATE (non-marital) property in most states?

• AWages earned by either spouse during the marriage
• BA car purchased during the marriage with joint funds
• CA personal-injury award for pain and suffering received before the marriage
• DThe marital residence purchased after the wedding

A QDRO (Qualified Domestic Relations Order) is used in a divorce to:

• AEstablish a child support obligation
• BRestrain a spouse from selling marital assets
• CTransfer real estate between spouses
• DDivide a qualified retirement plan (such as a 401(k) or pension) between the spouses with…

In dividing marital debts in an equitable distribution state, a court will most likely:

• AAllocate marital debts equitably between the spouses, considering who incurred the debt a…
• BDischarge all marital debts as part of the divorce
• CRequire the children to assume a share of the debt
• DAssign all debt to whichever spouse's name appears on the account, regardless of fairness

A pension earned partly before and partly during the marriage is being divided. Many courts apply the 'time rule' (coverture fraction) to determine the marital share. The marital share is generally:

• A100% of the pension regardless of when earned
• BThe fraction of pension service credited during the marriage divided by total service, ap…
• COnly the contributions made in the final year of marriage
• DWhatever the participant spouse voluntarily offers

Transmutation in property division refers to:

• AThe taxation of property transferred at divorce
• BThe automatic conversion of all property to community property after ten years
• CA change in the character of property (for example, separate property becoming marital, o…
• DThe court's power to award property to a third party

Under Internal Revenue Code section 1041, a transfer of property between spouses incident to a divorce is generally:

• ATaxable only to the recipient spouse
• BTreated as a gift subject to gift tax
• CA taxable sale triggering immediate capital gains to the transferor
• DNontaxable, with the recipient taking the transferor's carryover basis

When valuing a closely held business as a marital asset, the parties most commonly rely on:

• AA qualified business valuation expert applying recognized methods (income, market, or ass…
• BThe owner-spouse's unsupported estimate
• CThe book value listed on the tax return alone
• DThe original purchase price only

Texas and Washington are community property states, yet courts there may divide community property unequally. This is because those states:

• AHave abolished community property
• BAllow a 'just and right' or 'just and equitable' division that need not be exactly 50/50
• CAlways award everything to the wife
• DApply only federal property law

A spouse argues that the other spouse spent large sums on an extramarital affair shortly before filing. In dividing property, the court may address this through the doctrine of:

• APromissory estoppel
• BSpecific performance
• CDissipation (waste) of marital assets, charging the spending spouse with the wasted amount
• DAdverse possession

A divorce decree orders one spouse to refinance the mortgage to remove the other spouse's name. Until that refinance occurs:

• AThe mortgage is automatically discharged
• BThe non-refinancing spouse loses all interest in the property
• CThe lender is bound by the decree and must release the non-refinancing spouse
• DBoth spouses generally remain liable to the lender, because the decree does not bind the…

The legal standard a court applies when deciding child custody is:

• AThe best interests of the child
• BThe preference of whichever parent earns more
• CAn automatic 50/50 split regardless of circumstances
• DThe tender-years presumption favoring the mother

What is the difference between legal custody and physical custody?

• ALegal custody concerns where the child lives; physical custody concerns school enrollment…
• BLegal custody is the right to make major decisions (education, health, religion); physica…
• CThey are identical terms
• DLegal custody applies only to fathers

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the state with priority to make an initial custody determination is generally:

• AAny state either parent currently resides in
• BThe state where the petition is filed first, regardless of the child's connections
• CThe child's 'home state,' where the child lived with a parent for at least six consecutiv…
• DThe state where the marriage occurred

A parent with primary physical custody wants to move to another state with the child over the other parent's objection. This is a:

• AAutomatic right of the custodial parent
• BMatter decided solely by the child
• CRoutine matter requiring no court involvement
• DRelocation (move-away) issue, requiring court approval and analysis under the best-intere…

A parenting plan in a custody case typically sets out all of the following EXCEPT:

• AThe division of the marital home's furniture
• BA regular and holiday time-sharing schedule
• CHow major decisions about the child will be made
• DA method for resolving future disputes

A court appoints a guardian ad litem (GAL) in a contested custody case. The GAL's role is to:

• ARepresent the wealthier parent
• BRepresent and advocate for the best interests of the child
• CServe as the judge's law clerk
• DAct as the prosecutor against an abusive parent

Under the UCCJEA, once a court makes an initial custody determination, it generally retains:

• AConcurrent jurisdiction with every other state
• BNo further jurisdiction after entry of the order
• CExclusive, continuing jurisdiction so long as the child or a parent maintains a significa…
• DJurisdiction only if both parents agree

To modify an existing custody order, the moving parent generally must show:

• AThat the other parent has remarried
• BThat the child has reached age 12
• CNothing; modification is granted on request
• DA substantial change in circumstances since the last order and that modification serves t…

When a non-custodial parent is found to pose a risk of harm, a court may order:

• ASupervised visitation, allowing contact only in the presence of an approved supervisor
• BJoint legal custody as a remedy
• CAn immediate change of the child's surname
• DTermination of all contact automatically

In a custody dispute between a fit biological parent and a grandparent, courts give significant weight to:

• AThe grandparent's greater financial resources
• BThe constitutional presumption, under Troxel v. Granville, in favor of a fit parent's dec…
• CAn automatic preference for the older relative
• DWhichever party filed first

Most states base the amount of child support primarily on:

• AThe non-custodial parent's voluntary pledge
• BThe custodial parent's preference
• CStatutory child support guidelines, commonly the income shares or percentage-of-income mo…
• DA flat fee set by the legislature for all families

A child support guideline amount is presumptively correct, but a court may deviate from it if:

• AThe custodial parent waives all support without a finding
• BEither parent remarries
• CThe obligor simply asks for a lower amount
• DThe court makes specific findings that applying the guideline would be unjust or inapprop…

Under the Uniform Interstate Family Support Act (UIFSA), a core principle governing support orders is:

• AOnly one controlling support order may be in effect for a family at any time
• BSupport orders expire when a parent crosses state lines
• CFederal courts set all interstate support amounts
• DEach state may issue and enforce its own conflicting order

Which type of spousal support is awarded for a limited time to allow a spouse to obtain education or training needed to become self-supporting?

• APermanent alimony
• BRehabilitative alimony
• CLump-sum alimony
• DReimbursement alimony

For divorce or separation agreements executed after December 31, 2018, the federal tax treatment of alimony under the Tax Cuts and Jobs Act is:

• AAlimony is fully tax-exempt and a deduction for both parties
• BAlimony is deductible by the payor and taxable to the recipient
• CAlimony is neither deductible by the payor nor taxable to the recipient
• DAlimony is taxable to the payor only

A child support obligation may typically be enforced through all of the following EXCEPT:

• AIncome withholding from the obligor's wages
• BSuspension of a driver's or professional license
• CInterception of a tax refund
• DForcing the custodial parent to forgive the arrears