Deck 39: Divorce Procedure

Question 1

What term is used to describe the person against whom the divorce was sought?

A) Libelant
B) Libelee
C) Appellant
D) Appellee

Answer 1

Libelee

Question 2

What term describes the written answer filed by a respondent?

A) Answer
B) Response
C) Petition
D) Motion

Answer 2

Response

Question 3

What is an initial pleading in a divorce action?

A) Libel
B) Complaint for divorce
C) Complaint for dissolution
D) All of the above

Answer 3

All of the above

Question 4

What is a judgment nisi?

A) Court's provisional decision
B) Court's final decision
C) Decision of a court of equity
D) Summary judgment

Question 5

What is a person's permanent place of abode?

A) Dwelling place
B) Residence
C) Domicile
D) Habitation

Question 6

What state requires the plaintiff in a divorce action to reside in the state for a minimum time before filing for divorce?

A) Alaska
B) South Dakota
C) Nevada
D) Washington

Question 7

What term describes another state or country?

A) Alien jurisdiction
B) Foreign jurisdiction
C) All of the above
D) None of the above

Question 8

What term describes a divorce occurred when both parties file an appearance in a foreign state?

A) Bilateral foreign
B) Mutual foreign
C) Joint foreign
D) Common foreign

Question 9

What clause of the U.S. Constitution is the legal foundation for the recognition of a foreign divorce as valid?

A) Due process
B) Full faith and credit
C) Privileges and immunities
D) Equal protection

Question 10

Under what circumstances may an ex parte foreign divorce be attacked by a spouse who did not appear?

A) Spouse brings suit for separate support
B) Spouse dies and the other spouse claims an inheritance
C) All of the above
D) None of the above

Question 11

What is a traditional defense to a divorce action?

A) Collusion
B) Comity
C) Chose in action
D) Chattels

Question 12

What term describes the plaintiff's secret cooperation in the commission of a marital wrong committed by the defendant?

A) Criminal conversation
B) Connivance
C) Alienation of affection
D) All of the above

Question 13

What doctrine states that neither party could obtain a divorce when both are guilty of a marital wrong?

A) Fruit of the poisonous tree
B) Cy pres
C) Recrimination
D) Respondeat superior

Question 14

What term describes an allowance made to a divorced spouse by a former spouse for support?

A) Alimony
B) Spousal support
C) All of the above
D) None of the above

Question 15

What issues are considered by courts in determining the amount of alimony?

A) Earning capacity
B) Financial resources
C) Future prospects
D) All of the above

Question 16

What laws give courts the power to distribute property fairly between the parties upon divorce?

A) Equitable distribution
B) Fair distribution
C) Reasonable distribution
D) Just distribution

Question 17

What is the legal basis for the court's power to award alimony?

A) Common law
B) Statutes
C) International law
D) Universal Declaration of Human Rights

Question 18

What term describes parents' legal obligations to contribute to the economic maintenance and education of their children?

A) Child support
B) Maintenance
C) All of the above
D) None of the above

Question 19

What custody may be awarded to a parent before a divorce is finalized?

A) Temporary
B) Provisional
C) Transitory
D) Conditional

Question 20

What issue is considered by courts in determining who will have custody of a child?

A) Physical safety of the child
B) Economic needs of the child
C) Child's wishes
D) All of the above

Question 21

Formerly, the person bringing a divorce action was called the libelee.

Question 22

In a divorce action, the court's provisional decision becomes final at the end of a statutory period.

Question 23

People may have more than one domicile at a particular time.

Question 24

The states can establish a rule that a specific duration of residency is equivalent to domicile.

Question 25

People can go to a foreign state or country to obtain a divorce.

Question 26

A unilateral foreign divorce occurs when one spouse appears in the foreign jurisdiction, and the other spouse does not appear and fails to respond to the notice of divorce.

Question 27

Today, all states use the traditional defenses to divorce actions.

Question 28

One traditional defense in a divorce action is criminal conversation.

Question 29

In the U.S., before no-fault divorce laws, the defense of recrimination was prevalent.

Question 30

Under the common law, a wife had a right to be supported by her husband during marriage.

Question 31

Alimony lis pendens may be granted to a spouse during the pendency of a divorce.

Question 32

All states use the same set formula for determining the amount of alimony or spousal support.

Question 33

Parents must support their minor children who are not legally freed from parental control.

Question 34

The stability of the person seeking custody is an important issue in determining who will have the physical custody of a child.

Question 35

When the court orders joint custody of a child, the child lives with each parent part of the year, and the other parent has visitation rights.

Question 36

In California, the procedure for obtaining dissolution of marriage is called a(n) ________.

Question 37

In Massachusetts, the courts first issue a provisional decision called a judgment ________.

Question 38

The plaintiff in a divorce action must be domiciled within the ________ of the court.

Question 39

People may go to another country to obtain a(n) ________ divorce.

Question 40

After the adoption of ________ divorce laws, some states have eliminated the traditional defenses to divorce actions.

Question 41

When a wife voluntarily continues to cohabit with her husband, despite her knowledge of his marital offense, it usually amounts to ________.

Question 42

In California, courts have the right to modify ________ support award.

Question 43

Courts use ________ distribution laws to distribute property fairly between the parties upon divorce.

Question 44

The welfare of the child is the most important issue in determining the ________ of children.

Question 45

When the court orders ________ custody of a child, both parents share the responsibility and authority of child rearing.

Question 46

Match the terms with their descriptions:

-Connivance

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 47

Match the terms with their descriptions:

-Forum

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 48

Match the terms with their descriptions:

-Bilateral foreign divorce

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 49

Match the terms with their descriptions:

-Libel

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 50

Match the terms with their descriptions:

-Physical custody

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 51

Match the terms with their descriptions:

-Foreign jurisdiction

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 52

Match the terms with their descriptions:

-Condonation

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 53

Match the terms with their descriptions:

-Emancipated

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 54

Match the terms with their descriptions:

-Petition

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 55

Match the terms with their descriptions:

-Equitable distribution laws

A) Laws giving courts the power to distribute property equitably between the parties upon divorce
B) Defense to a divorce action
C) Initial pleading in a divorce action
D) Divorce occurring when both parties make an appearance in a foreign state or country
E) Forgiveness of a matrimonial offense
F) Day-to-day care of the child, including the place of his or her residence
G) Another state or country
H) Freed from parental control
I) Place of litigation
J) Written application for a court order

Question 56

Identify and discuss traditional defenses to a divorce action.

Question 57

Define alimony. Discuss alimony's purpose and basic issues considered in awarding alimony.

Question 58

Identify different types of child custody.

Question 59

Before Kevin and Irina obtained a foreign divorce in Haiti, they filed an appearance. Kevin's brother Daniel also went to Haiti to obtain a foreign divorce from his wife Lucy who did not appear or filed an appearance. Discuss whether these divorces are valid in the U.S. and whether any complications pertaining to these divorces may arise in the future.

Question 60

After Stefan and Marcy divorced, the court awarded Marcy $5,000 alimony per month. Discuss under what circumstances Marcy's alimony may be changed or terminated.