Los Angeles Justicecorps Family Law Quiz
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
Correct Answer
D. All of the aboveExplanation
To start a divorce case, a litigant with two minor children must file all of the above forms. The Summons is necessary to officially notify the other party about the divorce proceedings. Filing a Dissolution of Marriage form is essential to initiate the divorce process and provide details about the grounds for divorce. Additionally, the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) form is required to determine child custody jurisdiction and ensure the best interests of the children are considered during the divorce proceedings. Therefore, all three forms are necessary to start the case.Rate this question:
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- 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
Correct Answer
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.Explanation
The correct answer is that either the Petitioner or the 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. This means that at least one of the parties involved in the divorce case must have been living in California for the past 6 months and in the specific county where the case is being filed for the past 3 months. This residency requirement ensures that the divorce case is filed in the appropriate jurisdiction and that the court has authority to hear the case.Rate this question:
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- 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
Correct Answer
A. Six months and a day after the dateExplanation
After the respondent has been personally served with the Petition for Dissolution of Marriage, the parties may be legally divorced six months and a day after the date. This waiting period allows for the parties to have sufficient time to consider the decision and potentially reconcile before finalizing the divorce.Rate this question:
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- 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.
Correct Answer
B. Nothing, by being served papers the Respondent is automatically “party” to the case.Explanation
By being served with divorce papers, the Respondent automatically becomes a "party" to the case. This means that they are now involved in the legal proceedings and have the right to participate in the case. They do not need to take any additional action, such as filing a response form or hiring a lawyer, to become a party to the case.Rate this question:
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- 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.
Correct Answer
A. Anyone 18 years or older who is not a “party to the action.”Explanation
The correct answer states that anyone 18 years or older who is not a "party to the action" can serve the initial divorce papers to the respondent. This means that the petitioner can choose any adult who is not directly involved in the divorce case to deliver the papers. The answer also implies that it is not necessary for a lawyer to serve the papers, and that both the petitioner and respondent have the option to serve papers in their own cases.Rate this question:
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- 6.
How may a litigant serve papers?
- A.
Personal service
- B.
Notice of acknowledgement
- C.
Service by publication
- D.
All of the Above
Correct Answer
D. All of the AboveExplanation
A litigant may serve papers in multiple ways. Personal service involves physically delivering the papers to the recipient. Notice of acknowledgement requires the recipient to sign a document acknowledging receipt of the papers. Service by publication involves publishing the papers in a newspaper or other public medium. Since all three options are valid methods for serving papers, the correct answer is "All of the Above."Rate this question:
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- 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.
Correct Answer
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.Explanation
If there has been domestic violence (DV) in the past 5 years, it is presumed that the person who committed the DV should not be awarded sole or joint custody of the child. This means that the courts will take into consideration the history of DV when making decisions regarding custody and visitation. However, if there has been no DV in the past 5 years, it will not be recognized as part of the case and may not have an impact on custody and visitation issues.Rate this question:
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- 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.
Correct Answer
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. -
- 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
Correct Answer
A. All of the aboveExplanation
A litigant may apply for a fee waiver on the grounds mentioned in all of the options provided. These grounds include receiving benefits from income-based government programs, having a gross household monthly income that does not exceed the guideline chart, and claiming an inability to afford the filing fee while also covering the necessities of life.Rate this question:
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- 10.
Legal documents filed with the court may be typed or handwritten.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Legal documents filed with the court may be typed or handwritten. This means that individuals have the option to either type or write out their legal documents when submitting them to the court. There is no requirement for them to be exclusively typed or handwritten, allowing flexibility in how the documents are prepared.Rate this question:
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- 11.
Adultery is one of the legal grounds for divorce in California
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Adultery is not one of the legal grounds for divorce in California. California is a no-fault divorce state, which means that couples can file for divorce without having to prove that one party is at fault. In California, the only required grounds for divorce are irreconcilable differences, meaning that the couple's marriage cannot be saved. Therefore, the statement that adultery is a legal ground for divorce in California is false.Rate this question:
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- 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
Correct Answer
B. FalseExplanation
In order to file a divorce case in California and in the appropriate county, only one of the spouses needs to meet the "minimum residency requirements". It is not necessary for both the husband and wife to meet these requirements. Therefore, the statement is false.Rate this question:
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- 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
Correct Answer
B. FalseExplanation
The statement is false because it assumes that the petitioner is always the one who files for divorce. In reality, either spouse can file for divorce, and the person who files is referred to as the petitioner. Therefore, it is not always the petitioner who sends the divorce papers to the respondent; it could be the other way around.Rate this question:
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- 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
Correct Answer
B. FalseExplanation
The correct answer is False. This statement is incorrect because in most jurisdictions, the litigant is required to file the divorce court papers with the court first and then serve them to the spouse. Filing the papers with the court establishes the official record and initiates the legal process, while serving the papers to the spouse ensures that they are properly notified of the divorce proceedings.Rate this question:
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- 15.
A litigant must have an attorney represent him/her at a court hearing in front of a judge.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false because a litigant is not required to have an attorney represent them at a court hearing. While it is recommended to have legal representation, individuals have the right to represent themselves in court if they choose to do so.Rate this question:
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- 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
Correct Answer
B. FalseExplanation
The statement is false because the respondent is not required to sign a "proof of service" indicating acceptance of the court papers when the initial divorce papers are personally delivered. The respondent may choose not to sign the proof of service, but that does not affect the validity of the delivery.Rate this question:
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- 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
Correct Answer
A. TrueExplanation
In many jurisdictions, a credit card debt incurred by one spouse during the marriage is considered a "community property debt," regardless of which spouse's name is on the account. This means that both spouses are generally responsible for the debt, even if it is only in the wife's name. Community property laws aim to ensure that both spouses share the responsibility for debts incurred during the marriage, regardless of individual ownership. Therefore, the statement is true.Rate this question:
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- 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
Correct Answer
B. FalseExplanation
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, it does not mean that he/she loses the right to file a Response. While it is advisable to respond within the given timeframe, the Respondent can still file a Response after the 30-day period. However, there may be consequences for the delay, such as the court potentially granting certain requests made by the Petitioner in the meantime.Rate this question:
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- 19.
In the state of California, all divorce cases require at least one court hearing in front of a judge.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Divorce cases in the state of California do not necessarily require a court hearing in front of a judge. In fact, many couples are able to reach a settlement agreement outside of court through methods such as mediation or collaborative divorce. However, if the couple is unable to reach an agreement, a court hearing may be necessary for the judge to make decisions regarding the division of assets, child custody, and other important matters. Therefore, the statement that all divorce cases in California require at least one court hearing in front of a judge is false.Rate this question:
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- 20.
A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
During a marriage, gifts or inheritances received by one spouse are typically considered separate property, not community property. Community property refers to assets and debts acquired by both spouses during the marriage. However, there may be exceptions depending on the jurisdiction and specific circumstances.Rate this question:
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- 21.
Court-based Mediation between Husband and Wife is mandatory before any non-emergency, contested child custody hearing.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In this context, the correct answer is true. The statement suggests that before any non-emergency, contested child custody hearing, court-based mediation between the husband and wife is mandatory. This means that the court requires the couple to attempt mediation as a way to resolve their differences and come to an agreement regarding child custody before proceeding with a formal hearing. This process aims to encourage communication, compromise, and cooperation between the parties involved, ultimately seeking the best interests of the child.Rate this question:
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- 22.
Adopted children should not be included as “children of the marriage” in the divorce papers.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false because adopted children should be included as "children of the marriage" in divorce papers. Adopted children have the same legal rights and responsibilities as biological children, and they should be treated equally in divorce proceedings. Excluding them would be unfair and could potentially lead to legal complications in the future.Rate this question:
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- 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
Correct Answer
B. FalseExplanation
During a marriage, earnings from employment by either spouse are typically considered marital property rather than separate property, regardless of whether they are kept in separate bank accounts. Marital property is typically subject to division in the event of a divorce or separation. Therefore, the correct answer is false.Rate this question:
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- 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
Correct Answer
A. TrueExplanation
In some jurisdictions, a retirement fund or pension that is held in the name of one spouse only and earned before marriage, during marriage, and after separation may be considered both "separate property" of that spouse and "community property" of the marriage. This means that while the fund is technically owned by one spouse, it may still be subject to division in the event of a divorce or separation.Rate this question:
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- 25.
Children born before the date of marriage should be included in the divorce case as “children of the marriage.”
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Children born before the date of marriage should be included in the divorce case as "children of the marriage" because they are still legally recognized as the children of both parents. Including them in the divorce case ensures that their rights and interests are protected and that they can receive the necessary support and care from both parents. This also allows for the determination of custody, visitation rights, and child support arrangements for these children.Rate this question:
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- 26.
In California, spousal support is only awarded in a marriage of 10 years or longer.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Spousal support in California is not only awarded in marriages of 10 years or longer. The length of the marriage is just one factor that the court considers when determining spousal support. Other factors such as the earning capacity of each spouse, the needs of the supported spouse, and the ability of the supporting spouse to pay are also taken into account. Therefore, spousal support can be awarded in marriages of any length, depending on the specific circumstances of the case.Rate this question:
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- 27.
In California only paralegals and attorneys may give “legal advice.”
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In California, only paralegals and attorneys are authorized to provide "legal advice." This means that individuals who are not licensed professionals in the legal field are prohibited from offering guidance or recommendations regarding legal matters. This regulation is in place to ensure that individuals seeking legal advice receive accurate and reliable information from qualified professionals who have the necessary knowledge and expertise in the field of law.Rate this question:
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- 28.
When both spouses in a divorce case are employed, neither spouse may request spousal support.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In a divorce case where both spouses are employed, it is still possible for one spouse to request spousal support. The employment status of both spouses does not automatically disqualify them from receiving spousal support. The decision to award spousal support is based on various factors such as the financial needs of the requesting spouse, the ability of the other spouse to pay, and the length of the marriage. Therefore, the statement that neither spouse may request spousal support in such cases is false.Rate this question:
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- 29.
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
Correct Answer
B. FalseExplanation
The statement is false because visitation rights and child support are separate legal matters. The custodial parent cannot deny visitation as a punishment for the noncustodial parent's failure to pay child support. The court may enforce child support payments through various means, such as wage garnishment or seizing assets, but visitation rights should not be affected.Rate this question:
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- 30.
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
Correct Answer
A. Legally effective delivery of legal documentsExplanation
The correct answer is "Legally effective delivery of legal documents." Service of Process refers to the formal procedure of delivering legal documents, such as summonses, complaints, subpoenas, or writs, to the individuals involved in a legal case. It ensures that all parties are properly notified and have the opportunity to respond or appear in court. This definition accurately describes the concept of Service of Process.Rate this question:
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- 31.
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
Correct Answer
B. Assets and Debts purchased/incurred during the marriage and before the date of separationExplanation
Community property refers to assets and debts that are acquired or incurred during the duration of a marriage and before the date of separation. This means that any property or debts acquired by either spouse during the marriage belong to both spouses equally. This definition is the best match for the term "Community Property" as it accurately describes the concept of assets and debts acquired during the marriage.Rate this question:
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- 32.
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
Correct Answer
C. The legal decision making power over the childrenExplanation
Legal Custody refers to the legal decision-making power over the children. This means that the individual or individuals with legal custody have the authority to make important decisions regarding the child's upbringing, including matters related to education, healthcare, religion, and general welfare. Legal custody does not pertain to property or assets, but specifically focuses on the well-being and care of the children involved.Rate this question:
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- 33.
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
Correct Answer
C. A and BExplanation
The correct answer is A and B. "Order to Show Cause" refers to an evidentiary hearing that can be held both during the divorce proceedings before the final judgment is entered (option A) and after the final judgment has been made (option B). This hearing allows the court to consider any issues or violations that have occurred and determine appropriate actions or remedies. Both options accurately capture the definition of an Order to Show Cause, making A and B the best matching definitions.Rate this question:
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- 34.
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
Correct Answer
B. A document prepared by the litigant or the court clerk after a hearing which contains all of the orders made by the judgeExplanation
The correct answer is "A document prepared by the litigant or the court clerk after a hearing which contains all of the orders made by the judge." This definition accurately describes the term "Findings and Order After Hearings" as a document that summarizes the decisions and orders made by the judge after a hearing. It is typically prepared by either the litigant or the court clerk and serves as an official record of the court's rulings in a particular case.Rate this question:
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- 35.
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
Correct Answer
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 marriageExplanation
The correct answer is "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." This definition refers to the property that is considered separate from the marital estate, meaning it is not subject to division during divorce proceedings. It includes assets and debts that were acquired before the marriage, after the separation, or through a gift or inheritance during the marriage.Rate this question:
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Mar 21, 2023Quiz Edited by
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Sep 07, 2010Quiz Created by
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