TEXAS BAR EXAM (FAMILY LAW) QUESTIONS WITH
THE LATEST AND UPDATED SCORE.
Requirements to prove Common law marriage (Informal Marriage) -- Correct Answer _ _ _ _ _ _ _ _ _ _ _
✔✔ *no minor ACHE*
_ _ _
1. neither party can be a minor
_ _ _ _ _ _
2. agreement to be married
_ _ _ _ _
3. cohabitation - lived together in TX
_ _ _ _ _ _ _
4. held themselves out as husband and wife in TX
_ _ _ _ _ _ _ _ _
5. evidence of their agreement (circumstantial ok)
_ _ _ _ _ _
* if an action to prove CL marriage is not brought within 2y after the parties separated,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
the rebuttable presumption is that they had not agreed to be married
_ _ _ _ _ _ _ _ _ _ _
Grounds for annulment of marriage _ _ _ _ _
(MI-72, CIFI) -- Correct Answer ✔✔ 1. Minors got married w/o parental consent or a
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
court order (S/L to bring suit --- if brought by parents - any time before minors turn 18; -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
-- if brought by minor's next friend - 90 days)
_ _ _ _ _ _ _ _ _
2. Concealed divorce (hid the fact that person got divorced less than 30 days before
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
marriage. S/L - 1yr) _ _ _
3. Impotency
_
4. Incompetency
_
5. Fraud, duress, force
_ _ _ _
6. Married under the influence of alcohol/drugs (MUI)
_ _ _ _ _ _ _
7. Got married during the 72h waiting period after getting a marriage license. [Except if,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
active duty military; waived by court; complete pre-marital course] - S/L 30 days
_ _ _ _ _ _ _ _ _ _ _ _ _
For 2-6, parties *must not* have co-habituated after finding out about the relevant facts
_ _ _ _ _ _ _ _ _ _ _ _ _
Divorce: where to file -- Correct Answer ✔✔ To file for divorce in TX, one party must
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
have been domiciled in TX for 6 months
_ _ _ _ _ _ _
, Divorce: venue -- Correct Answer ✔✔ Spouse can bring the suit in a county where the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
other has resided for 90 days
_ _ _ _ _
Divorce: what to file -- Correct Answer ✔✔ 1. Petition must state whether a protective
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
order for family violence is in effect.
_ _ _ _ _ _ _
2. If there are minor children, parties must also join a SAPCR - suit affecting parent-child
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
relationship
Grounds for divorce (fault) _ _ _ _
CAFA -- Correct Answer ✔✔ 1. Abandonment (with intent to leave; stayed away for at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
least 1 year) _ _
2. Cruelty (course of conduct)
_ _ _ _
3. Adultery
_ _
4. Felony conviction (and jailed for a year)
_ _ _ _ _ _ _
Grounds for divorce (no fault) _ _ _ _
Irreconcilable _
3 separate
_ _
3 loony bin -- Correct Answer ✔✔ 1. marriage has become insupportable due to conflict
_ _ _ _ _ _ _ _ _ _ _ _ _ _
_of personalities, no chance for reconciliation (irreconcilable differences)
_ _ _ _ _ _ _
2. they've been living apart for 3 years (no matter the cause)
_ _ _ _ _ _ _ _ _ _ _
3. confinement in a loony bin for 3 years
_ _ _ _ _ _ _ _
Divorce (division of property) -- Correct Answer ✔✔ 1. Court must have PJ over both
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
parties if it's going to divide property outside of TX
_ _ _ _ _ _ _ _ _
2. J&R division
_ _ _
3. characterize property first (community or separate?)
_ _ _ _ _ _
4. Court can't award one spouse's separate property to the other (abuse of discretion -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
reversible error) _
5. Spouses are entitled to division of community property *at the time of divorce*
_ _ _ _ _ _ _ _ _ _ _ _ _
Divorce (Settlement agreement) -- Correct Answer ✔✔ If parties themselves reach a
_ _ _ _ _ _ _ _ _ _ _ _
*written* settlement agreement, and the court finds it J&R, it must approve it.
_ _ _ _ _ _ _ _ _ _ _ _ _
BUT, the court may not revise the agreement itself.
_ _ _ _ _ _ _ _ _
THE LATEST AND UPDATED SCORE.
Requirements to prove Common law marriage (Informal Marriage) -- Correct Answer _ _ _ _ _ _ _ _ _ _ _
✔✔ *no minor ACHE*
_ _ _
1. neither party can be a minor
_ _ _ _ _ _
2. agreement to be married
_ _ _ _ _
3. cohabitation - lived together in TX
_ _ _ _ _ _ _
4. held themselves out as husband and wife in TX
_ _ _ _ _ _ _ _ _
5. evidence of their agreement (circumstantial ok)
_ _ _ _ _ _
* if an action to prove CL marriage is not brought within 2y after the parties separated,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
the rebuttable presumption is that they had not agreed to be married
_ _ _ _ _ _ _ _ _ _ _
Grounds for annulment of marriage _ _ _ _ _
(MI-72, CIFI) -- Correct Answer ✔✔ 1. Minors got married w/o parental consent or a
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
court order (S/L to bring suit --- if brought by parents - any time before minors turn 18; -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
-- if brought by minor's next friend - 90 days)
_ _ _ _ _ _ _ _ _
2. Concealed divorce (hid the fact that person got divorced less than 30 days before
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
marriage. S/L - 1yr) _ _ _
3. Impotency
_
4. Incompetency
_
5. Fraud, duress, force
_ _ _ _
6. Married under the influence of alcohol/drugs (MUI)
_ _ _ _ _ _ _
7. Got married during the 72h waiting period after getting a marriage license. [Except if,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
active duty military; waived by court; complete pre-marital course] - S/L 30 days
_ _ _ _ _ _ _ _ _ _ _ _ _
For 2-6, parties *must not* have co-habituated after finding out about the relevant facts
_ _ _ _ _ _ _ _ _ _ _ _ _
Divorce: where to file -- Correct Answer ✔✔ To file for divorce in TX, one party must
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
have been domiciled in TX for 6 months
_ _ _ _ _ _ _
, Divorce: venue -- Correct Answer ✔✔ Spouse can bring the suit in a county where the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
other has resided for 90 days
_ _ _ _ _
Divorce: what to file -- Correct Answer ✔✔ 1. Petition must state whether a protective
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
order for family violence is in effect.
_ _ _ _ _ _ _
2. If there are minor children, parties must also join a SAPCR - suit affecting parent-child
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
relationship
Grounds for divorce (fault) _ _ _ _
CAFA -- Correct Answer ✔✔ 1. Abandonment (with intent to leave; stayed away for at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
least 1 year) _ _
2. Cruelty (course of conduct)
_ _ _ _
3. Adultery
_ _
4. Felony conviction (and jailed for a year)
_ _ _ _ _ _ _
Grounds for divorce (no fault) _ _ _ _
Irreconcilable _
3 separate
_ _
3 loony bin -- Correct Answer ✔✔ 1. marriage has become insupportable due to conflict
_ _ _ _ _ _ _ _ _ _ _ _ _ _
_of personalities, no chance for reconciliation (irreconcilable differences)
_ _ _ _ _ _ _
2. they've been living apart for 3 years (no matter the cause)
_ _ _ _ _ _ _ _ _ _ _
3. confinement in a loony bin for 3 years
_ _ _ _ _ _ _ _
Divorce (division of property) -- Correct Answer ✔✔ 1. Court must have PJ over both
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
parties if it's going to divide property outside of TX
_ _ _ _ _ _ _ _ _
2. J&R division
_ _ _
3. characterize property first (community or separate?)
_ _ _ _ _ _
4. Court can't award one spouse's separate property to the other (abuse of discretion -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
reversible error) _
5. Spouses are entitled to division of community property *at the time of divorce*
_ _ _ _ _ _ _ _ _ _ _ _ _
Divorce (Settlement agreement) -- Correct Answer ✔✔ If parties themselves reach a
_ _ _ _ _ _ _ _ _ _ _ _
*written* settlement agreement, and the court finds it J&R, it must approve it.
_ _ _ _ _ _ _ _ _ _ _ _ _
BUT, the court may not revise the agreement itself.
_ _ _ _ _ _ _ _ _
