San Diego Justicecorps Family Law Quiz

28 Questions | By Dsiskind | Last updated: Mar 15, 2022 | Total Attempts: 162

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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.
  
  Petition
- C.
  
  UCCJEA
- D.
  
  All of the above
2.

What are the minimum “residency requirements” for filing a divorce case?
- 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 have resided in California for 1 month and in the County for 3 months
- C.
  
  Either Petitioner or Respondent or both have 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 of service
- B.
  
  Immediately
- C.
  
  1 month after the date of service
- D.
  
  1 year after the date of service
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 and serve
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 have papers served to the other party?
- A.
  
  Personal service
- B.
  
  Notice of acknowledgement
- C.
  
  Service by publication
- D.
  
  All of the Above
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.
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 (“he cannot afford it”)
- A.
  
  All of the above
- B.
  
  1 and 2 only
- C.
  
  1 and 3 only
- D.
  
  3 and 2 only
9.

Adultery is one of the legal grounds for divorce in California
- A.
  
  True
- B.
  
  False
10.

After the “Petitioner” files thier Petition and summons at the court; the court clerk will send a copy of those documents to the “Respondent.”
- A.
  
  True
- B.
  
  False
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
12.

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
13.

A credit card debt held in only one party's name only which was incurred during the marriage before separation is usually considered a “community property debt.”
- A.
  
  True
- B.
  
  False
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 court papers; he/she loses the right to file a Response.
- A.
  
  True
- B.
  
  False
15.

In the state of California, all divorce cases require at least one court hearing in front of a judge.
- A.
  
  True
- B.
  
  False
16.

A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
- A.
  
  True
- B.
  
  False
17.

Adopted children should not be included as “children of the marriage” in the divorce papers.
- A.
  
  True
- B.
  
  False
18.

All earnings from employment during the marriage which are held in only one spouse's name during the marriage are usually “separate property.”
- A.
  
  True
- B.
  
  False
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
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
21.

In California, spousal support is only awarded in a marriage of 10 years or longer.
- A.
  
  True
- B.
  
  False
22.

When both spouses in a divorce case are employed, neither spouse may request spousal support.
- A.
  
  True
- B.
  
  False
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
24.

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
25.

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