Family Law Practice Exam Questions

1. 1.Marital vs. separate property: The $2 million accumulated during marriage is marital property regardless of which spouse earned it. Wife's $300,000 inheritance is separate property if kept separate and not commingled.
2. 2.Equitable distribution: Courts consider factors including length of marriage (15 years is long-term), contributions of each spouse (including homemaking), earning capacity, age, health, and custodial responsibilities. Wife's non-financial contributions are valued.
3. 3.Alimony: Long-term marriage with significant income disparity supports alimony. Wife sacrificed her career to raise children. Factors include standard of living during marriage, Wife's ability to become self-supporting, and time needed for retraining.
4. 4.Husband's argument for a greater share based on being the earner is generally rejected in equitable distribution states, which recognize the homemaker's contributions.

1. 1.Best interests of the child standard: The court's primary consideration is the child's best interests. Most states require the relocating parent to demonstrate the move serves the child's best interests or at minimum does not harm them.
2. 2.Relocation factors: Courts consider (1) reason for the move, (2) impact on the child's relationship with the non-relocating parent, (3) feasibility of a modified visitation schedule, (4) the child's preference (8 is old enough for some weight), and (5) quality of life improvements.
3. 3.Mother's argument: Doubled salary improves the child's standard of living and overall welfare. Financial stability is a legitimate reason for relocation.
4. 4.Father's argument: 500 miles effectively reduces meaningful contact from biweekly visits to occasional visits. The child's own preference to stay supports denial. The child's social connections and school stability matter.
5. 5.Modified visitation: The court may consider extended summer and holiday visitation, video communication, and the economic feasibility of travel.

Correct Answer: B

Property acquired during marriage using marital funds is marital property, regardless of which spouse holds title or manages the asset. Husband's household and childcare contributions enabled Wife to grow the business. In an equitable distribution jurisdiction, the court will consider each spouse's contributions in determining the division, but the business itself is marital property.

Correct Answer: B

Child support orders can be modified upon a showing of a substantial change in circumstances, such as job loss. The obligor must petition the court for modification -- unilateral reduction or cessation of payments can result in contempt. Child support is not dischargeable in bankruptcy. The modification, if granted, typically applies prospectively from the date of filing.

Correct Answer: B

Prenuptial agreements must be entered into voluntarily with adequate disclosure. The lack of independent legal counsel and the absence of financial disclosure create procedural unconscionability. Most courts require, at minimum, that both parties have access to counsel and a reasonable understanding of each other's financial circumstances. The agreement is likely unenforceable.