BarBri - Family Law (MEE) Questions
and Answers Latest Version Already
Passed
When determining child custody, what is the primary standard courts use?
✔✔The best interests of the child
Can a premarital agreement waive child support obligations?
✔✔No, child support rights belong to the child and cannot be waived by contract
What happens if one spouse gives a gift to the other during marriage using marital funds?
✔✔It is generally presumed to be marital property
Is a marriage valid if entered into while one party is still legally married to another person?
✔✔No, it is void due to bigamy
Can a child born during a marriage be presumed to be the child of the husband?
✔✔Yes, there is a legal presumption of paternity
1
,Is spousal support automatically granted upon divorce?
✔✔No, it depends on factors like need, ability to pay, and duration of marriage
What type of jurisdiction must a court have to issue a divorce decree?
✔✔Subject matter jurisdiction and personal jurisdiction over at least one spouse
What is the purpose of rehabilitative alimony?
✔✔To support a spouse while they gain education or training to become self-sufficient
Can marital property include a pension earned during the marriage?
✔✔Yes, pensions and retirement benefits earned during the marriage are marital property
Is fault a required element to obtain a no-fault divorce?
✔✔No, irreconcilable differences or breakdown of the marriage is sufficient
Can a parent lose custody due to relocation?
✔✔Only if the relocation is not in the best interests of the child
2
,May a non-parent be granted custody over a biological parent?
✔✔Yes, if the court finds the parent is unfit or custody with them is not in the child’s best
interest
Does cohabitation automatically grant legal rights to property or support?
✔✔No, cohabiting partners do not have marital rights unless provided by contract
Can a parent voluntarily terminate their parental rights to avoid child support?
✔✔No, parental rights cannot be terminated solely to avoid financial obligations
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) primarily
concerned with?
✔✔Establishing which state has jurisdiction to make custody determinations
In most jurisdictions, when does separate property become marital property?
✔✔When it is commingled with marital property and loses its separate character
Is a biological father always automatically granted parental rights?
3
, ✔✔No, paternity may need to be established, and rights are subject to the child’s best interest
What is the legal effect of a void marriage?
✔✔It is treated as if it never existed
Can a spouse claim an interest in a business started by the other spouse during marriage?
✔✔Yes, if marital funds or efforts were used to grow the business
Does adultery automatically bar a spouse from receiving alimony?
✔✔No, but it may be a factor the court considers
Can child custody decisions be modified after a final order?
✔✔Yes, if there is a material change in circumstances affecting the child’s welfare
Is shared physical custody the same as joint legal custody?
✔✔No, shared physical custody refers to time with the child, while legal custody refers to
decision-making
4
and Answers Latest Version Already
Passed
When determining child custody, what is the primary standard courts use?
✔✔The best interests of the child
Can a premarital agreement waive child support obligations?
✔✔No, child support rights belong to the child and cannot be waived by contract
What happens if one spouse gives a gift to the other during marriage using marital funds?
✔✔It is generally presumed to be marital property
Is a marriage valid if entered into while one party is still legally married to another person?
✔✔No, it is void due to bigamy
Can a child born during a marriage be presumed to be the child of the husband?
✔✔Yes, there is a legal presumption of paternity
1
,Is spousal support automatically granted upon divorce?
✔✔No, it depends on factors like need, ability to pay, and duration of marriage
What type of jurisdiction must a court have to issue a divorce decree?
✔✔Subject matter jurisdiction and personal jurisdiction over at least one spouse
What is the purpose of rehabilitative alimony?
✔✔To support a spouse while they gain education or training to become self-sufficient
Can marital property include a pension earned during the marriage?
✔✔Yes, pensions and retirement benefits earned during the marriage are marital property
Is fault a required element to obtain a no-fault divorce?
✔✔No, irreconcilable differences or breakdown of the marriage is sufficient
Can a parent lose custody due to relocation?
✔✔Only if the relocation is not in the best interests of the child
2
,May a non-parent be granted custody over a biological parent?
✔✔Yes, if the court finds the parent is unfit or custody with them is not in the child’s best
interest
Does cohabitation automatically grant legal rights to property or support?
✔✔No, cohabiting partners do not have marital rights unless provided by contract
Can a parent voluntarily terminate their parental rights to avoid child support?
✔✔No, parental rights cannot be terminated solely to avoid financial obligations
What is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) primarily
concerned with?
✔✔Establishing which state has jurisdiction to make custody determinations
In most jurisdictions, when does separate property become marital property?
✔✔When it is commingled with marital property and loses its separate character
Is a biological father always automatically granted parental rights?
3
, ✔✔No, paternity may need to be established, and rights are subject to the child’s best interest
What is the legal effect of a void marriage?
✔✔It is treated as if it never existed
Can a spouse claim an interest in a business started by the other spouse during marriage?
✔✔Yes, if marital funds or efforts were used to grow the business
Does adultery automatically bar a spouse from receiving alimony?
✔✔No, but it may be a factor the court considers
Can child custody decisions be modified after a final order?
✔✔Yes, if there is a material change in circumstances affecting the child’s welfare
Is shared physical custody the same as joint legal custody?
✔✔No, shared physical custody refers to time with the child, while legal custody refers to
decision-making
4
