Deck 7: Divorce Grounds and Procedure

Question 1

Name five different items that a divorce decree can accomplish.

Answer 1

Dissolve the marriage, award spousal support, award child support, divide
marital property, award child custody.

Question 2

In a state with no-fault grounds for divorce, fault grounds are never available.

Answer 2

False

Question 3

The final divorce judgment is called the interlocutory judgment.

Answer 3

False

Question 4

List the major no-fault grounds for divorce.

Question 5

An unemancipated child acquires a domicile by operation of law.

Question 6

Define collusion in a divorce case.

Question 7

Recrimination exists when the plaintiff in the divorce action incited the acts constituting the marital wrong by the other spouse.

Question 8

When does incompatibility exist in a marriage?

Question 9

To dissolve a marriage, a court needs:

A)in rem jurisdiction
B)personal jurisdiction of both spouses
C)subject-matter jurisdiction
D)a and c
E)b and c

Question 10

Only the party not at fault can assert the incompatibility ground for divorce.

Question 11

List the major fault grounds for divorce.

Question 12

The granting of a divorce because an opponent fails to appear or answer the complaint is a(n):

A)collusive divorce
B)limited divorce
C)default divorce
D)bilateral divorce

Question 13

For a divorce to be granted on a no-fault ground, both spouses must agree that a reconciliation is impossible.

Question 14

Which of the following is not a no-fault ground for divorce?

A)incompatibility
B)desertion
C)living apart

Question 15

Give an example of constructive desertion.

Question 16

It is possible for someone with a valid jurisdictional objection to a divorce judgment to be estopped from raising that objection.

Question 17

An exception to the movement away from fault grounds is the covenant marriage.

Question 18

A divorce a vinculo matrimonii is a legal separation.

Question 19

Which of the following are defenses to fault grounds of divorce?

A)collusion
B)corespondent
C)connivance
D)adultery
E)a and c f.a and d

Question 20

A separation agreement is a legal separation.

Question 21

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
condonation

Question 22

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
interlocutory

Question 23

A divorce mensa et thoro is a(n) ________________________ .

Question 24

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
get

Question 25

What is the domestic relations exception?

Question 26

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
pro se

Question 27

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
forum state

Question 28

A spouse's consent or willingness that the other spouse commit a marital wrong is called ________________________ .

Question 29

A divorce obtained in an expedited manner is a(n) ___________________ dissolution.

Question 30

________________________ are acceptable reasons for seeking a particular result such as a divorce.

Question 31

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
res

Question 32

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
divisible

Question 33

List the main discovery devices. FILL IN THE BLANK Complete each statement.

Question 34

In the living apart ground for divorce, the time the parties lived apart must be ________________________ .

Question 35

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
ex parte

Question 36

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
home state

Question 37

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
interrogatories

Question 38

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
arbitration

Question 39

An attack against a judgment that is brought outside the normal appeal process is a(n) ________________________ attack.

Question 40

Match each numbered entry with the most relevant lettered entry below.

a. forgiveness
b. Jewish divorce
c. only one side is present
d. interim or temporary
e. factual questions
f. representing oneself
g. thing or status
h. alternative to litigation
i. enforceable only in part
j. prevented from asserting a right
k. child custody
l. place of the trial
estoppel