Bay Area Justicecorps Family Law Quiz 2013-2014
This Assessment Test is given at the beginning and end of your JusticeCorps experience to evaluate your level of knowledge in the area of Family Law. The purpose of the Assessment Test is to see if your level of knowledge and understanding has improved through participation in the program. It is only for statistical purposes. This test will have no effect on your education award. “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 Read morethe “Respondent” is the spouse who receives the divorce papers.
- 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.
Petition
- 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. The petition is the legal document that outlines the grounds for divorce and the requests of the petitioner. Lastly, the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) form is required when there are children involved to determine the appropriate jurisdiction for child custody matters. Therefore, all three forms are essential in initiating a divorce case with two minor children.Rate this question:
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- 2.
What are the minimum “residency requirements” for filing a divorce case in California?
- A.
Either Petitioner or Respondent or both 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.
Either Petitioner or Respondent or both must have resided in California for 1 month and in the County for 3 months.
- C.
Either Petitioner or Respondent or both must have resided in California for 1 year and the County for 6 months.
- D.
None of the above
Correct Answer
A. Either Petitioner or Respondent or both 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
In order to file a divorce case in California, either the Petitioner or the Respondent or both 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 party involved in the divorce must have established residency in California and the specific county where the case is being filed for a certain period of time before initiating the divorce proceedings.Rate this question:
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- 3.
After the Respondent has been personally served with the Petition for Dissolution of Marriage, how soon may the parties be legally divorced?
- A.
Six months and one day after the date of service
- B.
Immediately
- C.
One month after the date of service
- D.
One year after the date of service
Correct Answer
A. Six months and one day after the date of serviceExplanation
After the Respondent has been personally served with the Petition for Dissolution of Marriage, the parties may be legally divorced six months and one day after the date of service. This waiting period allows for a cooling off period and gives the parties time to consider their decision to dissolve the marriage.Rate this question:
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- 4.
After being served with divorce papers, what must a Respondent do in order to become a “party” to the case?
- A.
File a Response Form in the court where the Petition was filed.
- B.
Nothing. By being served papers the Respondent is automatically “party” to the case.
- C.
Get a lawyer to file and serve papers to the Petitioner.
Correct Answer
B. Nothing. By being served papers the Respondent is automatically “party” to the case. -
- 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 is that anyone 18 years or older who is not a "party to the action" may be chosen by the petitioner to personally deliver the initial divorce papers to the respondent. This means that the petitioner can choose a friend, family member, or even a professional process server to serve the papers, as long as they meet the age requirement and are not involved in the divorce case as a party. The answer also implies that it is not necessary for a lawyer to serve the papers, and that the identity of the person serving the papers does not matter as long as they meet the specified criteria.Rate this question:
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- 6.
How may a litigant have papers served to the other party?
- 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 have papers served to the other party through personal service, which involves physically delivering the documents to the person. Notice of acknowledgement is another method, where the recipient acknowledges receiving the papers. Service by publication is a method used when the other party cannot be located, and involves publishing the documents in a newspaper or other public medium. Therefore, all of the above methods can be used to serve papers to the other party in a legal proceeding.Rate this question:
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- 7.
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.
- 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. -
- 8.
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
- A.
All of the above
- B.
1 and 2 only
- C.
1 and 3 only
- D.
2 and 3 only
Correct Answer
A. All of the aboveExplanation
A litigant may apply for a fee waiver on the specific 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 inability to afford the filing fee while also paying for the necessities of life. Therefore, all of the options listed are valid grounds for a litigant to apply for a fee waiver.Rate this question:
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- 9.
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. In California, the state follows a "no-fault" divorce system, which means that neither party needs to prove fault or wrongdoing in order to obtain a divorce. Instead, the couple can simply state that there are irreconcilable differences, leading to the breakdown of the marriage. Therefore, adultery is not a legal ground for divorce in California.Rate this question:
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- 10.
After the Petitioner files their Petition and Summons at the court; the court clerk will send a copy of those documents to the Respondent.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
After the Petitioner files their Petition and Summons at the court, it is the responsibility of the Petitioner to serve a copy of those documents to the Respondent. The court clerk does not send a copy of the documents to the Respondent. Therefore, the statement is false.Rate this question:
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- 11.
A litigant should first serve the Petition and Summons to his/her spouse and then file them with the court.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The correct answer is False. A litigant should first file the Petition and Summons with the court and then serve them to his/her spouse. Filing the documents with the court is an important step to initiate the legal process, while serving the documents to the spouse ensures that they are properly notified of the legal proceedings.Rate this question:
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- 12.
When the initial divorce papers are personally delivered to the Respondent, the Respondent must sign a “Proof of Service” indicating acceptance of the court papers.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
When the initial divorce papers are personally delivered to the Respondent, the Respondent does not have to sign a "Proof of Service" indicating acceptance of the court papers.Rate this question:
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- 13.
Credit card debt held in only one party's name, which was only incurred during the marriage and before separation, is usually considered a “community" debt.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In a marriage, debts that are incurred during the marriage and before separation are typically considered community debts, meaning they are shared by both parties. Since the credit card debt in question is held in only one party's name, it may seem like it would not be considered a community debt. However, the fact that it was incurred during the marriage and before separation overrides this, and it is still considered a community debt. Therefore, the answer is true.Rate this question:
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- 14.
If the Respondent in a divorce case fails to file a Response with the court within 30 days of being personally served with the Petition and Summons; 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 Petition and Summons, it does not mean that he/she loses the right to file a Response. While it is important to respond within the given time frame, the Respondent can still file a Response after the 30-day period, although it may have some consequences or limitations. Therefore, the statement is false.Rate this question:
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- 15.
In California, all divorce cases require at least one court hearing in front of a judge/commissioner.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In California, not all divorce cases require at least one court hearing in front of a judge/commissioner. Some divorce cases can be resolved through alternative methods such as mediation or settlement negotiations, without the need for a court hearing. Therefore, the statement "all divorce cases require at least one court hearing" is false.Rate this question:
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- 16.
A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In this case, the correct answer is False. This means that a gift or inheritance to one spouse during the marriage before separation is not usually considered "community property." Community property refers to assets or property that is owned jointly by both spouses. However, gifts or inheritances received by one spouse are typically considered separate property, meaning they belong solely to that individual and are not subject to division in the event of a divorce or separation.Rate this question:
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- 17.
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 the divorce papers. Adopted children are legally recognized as the children of their adoptive parents and have the same rights and responsibilities as biological children. Therefore, they should be treated equally in divorce proceedings.Rate this question:
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- 18.
All earnings from employment during the marriage which are kept in separate bank accounts (held in only one spouse's name) are usually “separate property.”
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Earnings from employment during the marriage that are kept in separate bank accounts held in only one spouse's name are not usually considered "separate property." In most cases, these earnings are considered marital property and subject to division during a divorce.Rate this question:
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- 19.
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
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. This means that although the retirement fund or pension is technically owned by one spouse, it is still considered a part of the marital estate and subject to division in the event of a divorce. The characterization of the retirement fund or pension as both separate and community property allows for a fair and equitable distribution of assets between the spouses.Rate this question:
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- 20.
Children born to the Petitioner and Respondent 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 to the Petitioner and Respondent before the date of marriage should be included in the divorce case as "children of the marriage" because they are biologically related to both parties and their legal status as children is not affected by the timing of the marriage. Including them in the divorce case ensures that their rights and interests are protected and that appropriate arrangements can be made for their custody, support, and visitation.Rate this question:
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- 21.
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. While the duration of the marriage is a factor considered by the courts when deciding on spousal support, it is not the sole determining factor. Other factors such as the earning capacity of each spouse, the standard of living during the marriage, and the needs of each spouse are also taken into account. Therefore, spousal support can be awarded in marriages of any duration, depending on the specific circumstances of the case.Rate this question:
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- 22.
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 not automatically true that neither spouse can request spousal support. The decision to award spousal support is based on various factors such as the financial situation of each spouse, their earning potential, and the length of the marriage. Even if both spouses are employed, if one spouse has a significantly higher income or if there are other circumstances that warrant spousal support, it can still be requested and granted. Therefore, the statement is false.Rate this question:
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- 23.
When the noncustodial parent fails to pay his/her court-ordered child support, the custodial parent may legally deny visitation with the children.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The custodial parent cannot legally deny visitation with the children solely based on the noncustodial parent's failure to pay child support. Child support and visitation rights are separate legal matters, and one cannot be used as leverage against the other. The custodial parent may pursue legal action to enforce child support payments, but denying visitation is not a legal recourse in this situation.Rate this question:
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- 24.
Select the definition that best matches Service of Process:
- A.
Legally effective delivery of legal documents.
- B.
When one party of the case directly serves legal papers to the other party in the case.
- C.
When a party files a Petition and is, in turn, provided a court hearing date in the near future to check in on the case's progress.
Correct Answer
A. Legally effective delivery of legal documents.Explanation
Service of process refers to the legally effective delivery of legal documents. This involves one party directly serving legal papers to the other party involved in the case. It is an essential step in the legal process to ensure that all parties are properly notified and have the opportunity to respond to the legal proceedings.Rate this question:
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- 25.
Select the definition that best matches Community Property:
- A.
Legal procedure that requires the employer of a judgment debtor to withhold a portion of the judgment debtor's wages
- B.
Assets and Debts purchased/incurred during the marriage and before the date of separation
- C.
Assets and Debts purchased before the marriage, during the marriage, or after the date of separation that were intended to benefit the family ("community")
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 by a married couple during their marriage and before the date of separation. This definition implies that any property or debt acquired by either spouse during the marriage is considered community property and is subject to division in the event of a divorce or separation.Rate this question:
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- 26.
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 authority and responsibility given to a parent or guardian to make important decisions on behalf of a child. This includes decisions related to the child's education, healthcare, religion, and overall well-being. It does not involve decision making power over mutual property or liquid assets, but specifically pertains to the children's welfare and upbringing.Rate this question:
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- 27.
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 at that hearing
- 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 judge at that hearing -
- 28.
Select the definition that best matches Separate Property:
- A.
Assets and Debts earned/acquired/incurred after the date of marriage and before 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 as separate 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 property that is considered separate from the marital estate, meaning it is not subject to division during divorce proceedings. It includes assets and debts acquired before or after the marriage, as well as any gifts or inheritances received during the marriage.Rate this question:
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