Capitol Region Justicecorps Family Law Quiz

34 Questions

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Region Quizzes & Trivia

This test is administered at the beginning and at the conclusion of your JusticeCorp experience to evaluate your level of knowledge in the area of Family Law/Dissolution of Marriage. “Dissolution of Marriage” refers to the legal proceeding in California commonly referred to as “divorce”. The “Petitioner” is the spouse who files the divorce court case and the “Respondent” is the spouse who receives the divorce papers.


Questions and Answers
  • 1. 
    If a litigant with two minor children wants to start a divorce case, what forms must he/she file to start the case?
    • A. 

      Summons

    • B. 

      File a Dissolution of Marriage

    • C. 

      UCCJEA

    • D. 

      All of the above

  • 2. 
    What are the minimum “residency requirements” for filing a divorce case?
    • A. 

      Either Petitioner or Respondent must have resided in California for the past 6 months and the County for the past 3 months immediately preceding the filing of the action.

    • B. 

      Or resided in California for 1 month and in the County for 3 months

    • C. 

      Or resided in California for 1 year and the County for 6 months

    • D. 

      None of the above

  • 3. 
    After Respondent has been personally served with the Petition for Dissolution of Marriage, how soon may the parties be legally divorced?
    • A. 

      Six months and a day after the date

    • B. 

      Immediately

    • C. 

      1 month

    • D. 

      1 year

  • 4. 
    After being served with divorce papers, what must Respondent do in order to become a “party” to the case?
    • A. 

      File a Response Form in the court where the Petitioner was filed.

    • B. 

      Nothing, by being served papers the Respondent is automatically “party” to the case.

    • C. 

      Get a lawyer to file papers to the Petitioner.

  • 5. 
    Who may Petitioner choose to personally deliver (“serve”) the initial divorce papers to Respondent?
    • A. 

      Anyone 18 years or older who is not a “party to the action.”

    • B. 

      A Petitioner or Respondent may serve papers in their own cases.

    • C. 

      A lawyer must serve a Respondent or a Petitioner their papers.

    • D. 

      It does not matter who serves the papers.

  • 6. 
    How may a litigant serve papers?
    • A. 

      Personal service

    • B. 

      Notice of acknowledgement

    • C. 

      Service by publication

    • D. 

      All of the Above

  • 7. 
    What is the impact of domestic violence (DV) on child custody and visitation issues?
    • A. 

      If there was DV in the past 5 years then there is a presumption that an award of sole, or joint custody of that child should not go to the person who perpetrated the DV.

    • B. 

      If there has been no DV in the past 5 years the courts won’t recognize it as part of the case.

    • C. 

      Any DV on a child means that the perpetrator will be arrested and lose all legal custodial rights.

  • 8. 
    What is the difference between “reserving jurisdiction” and “terminating jurisdiction?”
    • A. 

      Reserving means the court retains jurisdiction to make court orders and either party may file a request. Termination means that the court’s jurisdiction to make court orders regarding that particular issue is terminated permanently.

    • B. 

      Reserving means that each litigant reserves the right to a lawyer. Termination means that a litigant refuses to be represented by a lawyer.

    • C. 

      Reserving means that the court has the right to refuse a case. Termination means that the court has decided to throw a case out.

  • 9. 
    On what specific grounds may a litigant apply for a fee waiver? (1)If he/she receives benefits from income-based government programs (CalWorks etc); (2) If his/her gross household monthly income does not exceed the guideline chart on the Info Sheet Re Fee Waiver; (3) If he/she claims that he/she cannot afford the filing fee (Petition fee or Response Fee) and also pay for the necessities of life (“he cannot afford it”)
    • A. 

      All of the above

    • B. 

      1 and 2 only

    • C. 

      1 and 3 only

    • D. 

      3 and 2 only

  • 10. 
    Legal documents filed with the court may be typed or handwritten.
    • A. 

      True

    • B. 

      False

  • 11. 
    Adultery is one of the legal grounds for divorce in California
    • A. 

      True

    • B. 

      False

  • 12. 
    Both Husband and Wife must meet “minimum residency requirements” in order to file a divorce case in California and in the appropriate county.
    • A. 

      True

    • B. 

      False

  • 13. 
    After the “Petitioner” files her divorce case at the court; the court clerk will send a copy of the divorce papers to the “Respondent.”
    • A. 

      True

    • B. 

      False

  • 14. 
    A litigant should first deliver the divorce court papers to his/her spouse and then file the court papers with the court.
    • A. 

      True

    • B. 

      False

  • 15. 
    A litigant must have an attorney represent him/her at a court hearing in front of a judge.
    • A. 

      True

    • B. 

      False

  • 16. 
    When the initial divorce papers are personally delivered to Respondent, Respondent must sign a “proof of service” indicating acceptance of the court papers.
    • A. 

      True

    • B. 

      False

  • 17. 
    A credit card debt held in Wife’s name only which was incurred during the marriage before separation is usually considered a “community property debt.”
    • A. 

      True

    • B. 

      False

  • 18. 
    If the Respondent in a divorce case fails to file a Response with the court within 30 days of being personally served with the court papers; he/she loses the right to file a Response.
    • A. 

      True

    • B. 

      False

  • 19. 
    In the state of California, all divorce cases require at least one court hearing in front of a judge.
    • A. 

      True

    • B. 

      False

  • 20. 
    A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
    • A. 

      True

    • B. 

      False

  • 21. 
    Court-based Mediation between Husband and Wife is mandatory before any non-emergency, contested child custody hearing.  
    • A. 

      True

    • B. 

      False

  • 22. 
    Adopted children should not be included as “children of the marriage” in the divorce papers.  
    • A. 

      True

    • B. 

      False

  • 23. 
    All earnings from employment by Husband or Wife which are kept in separate bank accounts during the marriage are usually “separate property.”
    • A. 

      True

    • B. 

      False

  • 24. 
    A retirement fund or pension held in the name of one spouse only and earned before marriage, during marriage and after separation may be characterized as both “separate property” of that spouse and “community property” of the marriage.  
    • A. 

      True

    • B. 

      False

  • 25. 
    Children born before the date of marriage should be included in the divorce case as “children of the marriage.”
    • A. 

      True

    • B. 

      False

  • 26. 
    In California, spousal support is only awarded in a marriage of 10 years or longer.
    • A. 

      True

    • B. 

      False

  • 27. 
    When both spouses in a divorce case are employed, neither spouse may request spousal support.
    • A. 

      True

    • B. 

      False

  • 28. 
    When the noncustodial parent fails to pay his/her court ordered child support, the custodial parent may deny visitation with the children.  
    • A. 

      True

    • B. 

      False

  • 29. 
    Select the definition that best matches Service of Process:
    • A. 

      Legally effective delivery of legal documents

    • B. 

      A statement or assertion made with out proof

    • C. 

      A formal court proceeding with all parties in the case present

  • 30. 
    Select the definition that best matches Community Property:
    • A. 

      Legal procedure that requires the employer of a judgment debtor to with hold a portion of the judgment debtors wages

    • B. 

      Assets and Debts purchased/incurred during the marriage and before the date of separation

    • C. 

      The final decision by the court

    • D. 

      Assets and debts incurred before the marriage and after the separation

  • 31. 
    Select the definition that best matches Legal Custody:
    • A. 

      The legal decision making power over mutual property

    • B. 

      The legal decision making power over liquid assets

    • C. 

      The legal decision making power over the children

  • 32. 
    Select the definition that best matches Order to Show Cause:
    • A. 

      An evidentiary hearing held during the divorce before final judgment is entered

    • B. 

      An evidentiary hearing held after final judgment

    • C. 

      A and B

  • 33. 
    Select the definition that best matches Findings and Order After Hearings:
    • A. 

      The legal finding by a judge or jury that the accused is not guilty

    • B. 

      A document prepared by the litigant or the court clerk after a hearing which contains all of the orders made by the judge

    • C. 

      A court having jurisdiction to review the law as applied in a prior determination of the same case

  • 34. 
    Select the definition that best matches Separate Property:
    • A. 

      Assets and Debts earned/acquired/incurred after the date of marriage or after the date of separation or a gift or inheritance during the marriage

    • B. 

      Assets and Debts earned/acquired/incurred before the date of marriage or after the date of separation or a gift or inheritance during the marriage

    • C. 

      Assets and Debts that were specified in a prenuptial agreement