Deck 7: Divorce Grounds and Procedure

Question 1

To dissolve a marriage, a court needs:

A)in rem jurisdiction
B)personal jurisdiction
C)minimum contacts
D)full faith and credit

Answer 1

A

Question 2

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

A)collusion
B)recrimination
C)connivance
D)all of the above

Answer 2

D

Question 3

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

Answer 3

False

Question 4

What is a legal separation?

Question 5

It is not possible for someone with a valid jurisdictional objection to a divorce judgment to be estopped from raising that objection.

Question 6

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

Question 7

A child acquires a domicile by operation of law.

Question 8

What is a collusive divorce and why is it less common today?

Question 9

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

Question 10

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

Question 11

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

A)incompatibility
B)desertion
C)living apart
D)irreconcilable differences

Question 12

The final divorce judgment is called the interlocutory judgment.

Question 13

What is the distinction between domicile and residence?

Question 14

What kind of jurisdiction is needed to dissolve a marriage and to award alimony, child support, and a property division?

Question 15

An exception to the movement away from fault grounds is the option of a covenant marriage in some states.

Question 16

What are the five major orders in a divorce judgment?

Question 17

A separation agreement is a legal separation.

Question 18

Give examples of when marital misconduct is asserted in a divorce action today.

Question 19

A divorce a vinculo matrimonii is a legal separation.

Question 20

The granting of a divorce because an opponent fails to appear or answer the petition/complaint is a:

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

Question 21

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
enforceable in part

Question 22

Additional evidence of a fact in dispute is called .

Question 23

When will a spouse with a valid jurisdictional challenge to a divorce decree be estopped from bringing the challenge?

Question 24

In rem jurisdiction is the court's power over a particular , which is a thing (e.g.,
a car) or a status (e.g., a marriage) that is located within the territory over which the court has authority.

Question 25

Comparative is a comparison of the wrongdoing of two spouses in causing the breakdown of the marriage so that the divorce can be given to the spouse least at fault.

Question 26

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
prohibition against leaving

Question 27

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
place of the trial

Question 28

List some of the main options for enforcing a divorce judgment.

Question 29

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
legal consequences that can apply regardless of intent

Question 30

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
conduct that justifies the other spouse's departure

Question 31

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
challenging a judgment in a different proceeding

Question 32

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
lack of jurisdiction by a federal court

Question 33

Irreconcilable differences is a no-fault ground for divorce that is established when there is such discord between the husband and wife that there has been an breakdown of the marriage.

Question 34

A summary is a divorce obtained in an expedited manner because of the brevity of the marriage, the minimal amount of marital property, and the lack of controversy between the husband and wife.

Question 35

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
suspension of a judgment

Question 36

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
presenting evidence against someone who does not appear in court

Question 37

Match each numbered entry with the most relevant lettered entry below
a.stay
b.operation of law
c.constructive desertion
d.domestic-relations exception
e.collateral attack
f.venue
g.pro se
h.divisible
i.prove-up
j.ne exeat
self-representation

Question 38

A is an affidavit stating that a party has read the pleading and swears that it is true to the best of his or her knowledge.