1.
If a litigant with two minor children wants to start a divorce case, what forms must he/she file to start the case?
Correct Answer
D. All of the above
Explanation
To start a divorce case, a litigant with two minor children must file all of the above forms. The summons is necessary to notify the other party about the divorce proceedings. Filing a Dissolution of Marriage form is essential to officially initiate the divorce process. The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act) form is required when there are minor children involved to determine the appropriate jurisdiction for the custody determination. Therefore, all three forms are necessary to start the divorce case in this scenario.
2.
What are the minimum “residency requirements” for filing a divorce case?
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 minimum residency requirement for filing a divorce case is that either the Petitioner or the Respondent must have resided in California for the past 6 months and in the County for the past 3 months immediately before filing the action. This means that at least one of the parties involved in the divorce must have been living in California for 6 months and in the specific County for 3 months prior to filing for divorce.
3.
After Respondent has been personally served with the Petition for Dissolution of Marriage, how soon may the parties be legally divorced?
Correct Answer
A. Six months and a day after the date
Explanation
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 consider their decision and gives them time to resolve any outstanding issues before finalizing the divorce.
4.
After being served with divorce papers, what must Respondent do in order to become a “party” to the case?
Correct Answer
B. Nothing, by being served papers the Respondent is automatically “party” to the case.
Explanation
When the respondent is served with divorce papers, they automatically become 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 further action, such as filing a response form or getting a lawyer to file papers to the petitioner, in order to become a "party" to the case.
5.
Who may Petitioner choose to personally deliver (“serve”) the initial divorce papers to Respondent?
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 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 to the Respondent. It is not necessary for a lawyer to serve the papers, and both the Petitioner and Respondent have the option to serve papers in their own cases.
6.
How may a litigant serve papers?
Correct Answer
D. All of the Above
Explanation
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 a notice in a newspaper or other public forum when the recipient's whereabouts are unknown. "All of the Above" indicates that all the mentioned methods are valid ways for a litigant to serve papers.
7.
What is the impact of domestic violence (DV) on child custody and visitation issues?
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) within 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 court will consider the DV when making custody and visitation decisions. However, if there has been no DV within the past 5 years, the court will not take it into account in the case. Additionally, any DV on a child will result in the perpetrator being arrested and losing all legal custodial rights.
8.
What is the difference between “reserving jurisdiction” and “terminating jurisdiction?”
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”)
Correct Answer
A. All of the above
Explanation
A litigant may apply for a fee waiver on the grounds that they receive benefits from income-based government programs, their gross household monthly income does not exceed the guideline chart, and they claim that they cannot afford the filing fee and also pay for the necessities of life. These are all valid reasons for a litigant to request a fee waiver.
10.
Legal documents filed with the court may be typed or handwritten.
Correct Answer
A. True
Explanation
Legal documents filed with the court may be typed or handwritten. This means that individuals have the option to either type or write their legal documents when submitting them to the court. There is no specific requirement for the documents to be typed or handwritten, allowing flexibility for individuals to choose the method that works best for them.
11.
Adultery is one of the legal grounds for divorce in California
Correct Answer
B. False
Explanation
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 a spouse does not need to prove that the other spouse did something wrong in order to obtain a divorce. Instead, a spouse can simply state that there are irreconcilable differences, which makes it unnecessary to prove adultery or any other specific reason for the divorce. Therefore, the statement is 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.
Correct Answer
B. False
Explanation
In order to file a divorce case in California, only one of the spouses needs to meet the "minimum residency requirements" and it is not necessary for both the husband and wife to meet these requirements. Therefore, the statement is 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.”
Correct Answer
B. False
Explanation
The statement is false because the court clerk does not send a copy of the divorce papers to the respondent after the petitioner files for divorce. It is the responsibility of the petitioner to serve the respondent with the divorce papers themselves, usually through a process server or by certified mail. The court clerk's role is to file the papers and provide the petitioner with a stamped copy as proof of filing.
14.
A litigant should first deliver the divorce court papers to his/her spouse and then file the court papers with the court.
Correct Answer
B. False
Explanation
The correct answer is False. This statement is incorrect because in the process of getting a divorce, the litigant should first file the court papers with the court and then deliver them to their spouse. Filing the court papers is the formal step that initiates the legal process, and delivering them to the spouse is typically done afterwards to notify them of the divorce proceedings.
15.
A litigant must have an attorney represent him/her at a court hearing in front of a judge.
Correct Answer
B. False
Explanation
The statement is false because while it is advisable to have an attorney represent a litigant at a court hearing, it is not always mandatory. In many legal systems, individuals have the right to represent themselves in court, known as appearing "pro se." However, having an attorney can be beneficial as they have knowledge of the law and legal procedures, which can help protect the litigant's rights and present their case effectively.
16.
When the initial divorce papers are personally delivered to Respondent, Respondent must sign a “proof of service” indicating acceptance of the court papers.
Correct Answer
B. False
Explanation
When the initial divorce papers are personally delivered to the Respondent, it is not necessary for the Respondent to sign a "proof of service" indicating acceptance of the court papers. The requirement to sign a proof of service may vary depending on the jurisdiction and the specific rules and procedures of the court handling the divorce case. In some cases, the Respondent may be required to sign a proof of service, while in others, alternative methods of service may be accepted. Therefore, the statement that the Respondent must sign a proof of service is 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.”
Correct Answer
A. True
Explanation
In most cases, a credit card debt incurred by one spouse during the marriage before separation is considered a "community property debt." This means that even if the debt is in the wife's name only, both spouses are typically responsible for it. Community property laws consider debts acquired during the marriage as shared responsibilities, regardless of whose name is on the debt. Therefore, the statement is true.
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.
Correct Answer
B. False
Explanation
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 there may be consequences for not responding within the specified time frame, such as the court potentially granting the Petitioner's requests without the Respondent's input, it does not automatically strip the Respondent of their right to file a Response at a later time. Therefore, the statement is false.
19.
In the state of California, all divorce cases require at least one court hearing in front of a judge.
Correct Answer
B. False
Explanation
In the state of California, not all divorce cases require at least one court hearing in front of a judge. This means that there are certain divorce cases in California that may be resolved without the need for a court hearing.
20.
A gift or inheritance to one spouse during the marriage before separation is usually “community property.”
Correct Answer
B. False
Explanation
In this case, the correct answer is False. The statement suggests that a gift or inheritance to one spouse during the marriage before separation is usually considered "community property." However, this is not true. In most cases, gifts or inheritances received by one spouse during the marriage before separation are considered separate property and do not belong to the community.
21.
Court-based Mediation between Husband and Wife is mandatory before any non-emergency, contested child custody hearing.
Correct Answer
A. True
Explanation
In this context, the explanation for the correct answer "True" is that before any non-emergency, contested child custody hearing, it is mandatory for the husband and wife to go through court-based mediation. This means that they must attempt to resolve their differences and come to an agreement regarding child custody with the help of a mediator appointed by the court. This requirement aims to encourage peaceful resolution and avoid unnecessary litigation in child custody disputes.
22.
Adopted children should not be included as “children of the marriage” in the divorce papers.
Correct Answer
B. False
Explanation
Adopted children should be included as "children of the marriage" in the divorce papers. This is because once a child is legally adopted, they are considered to be a legal member of the family and have the same rights and responsibilities as biological children. Excluding them from the divorce papers would not only be unfair to the child but also go against the legal recognition of their status as a member of the family.
23.
All earnings from employment by Husband or Wife which are kept in separate bank accounts during the marriage are usually “separate property.”
Correct Answer
B. False
Explanation
The correct answer is False because in most jurisdictions, earnings from employment during the marriage are considered marital 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. Separate property usually refers to assets owned by an individual before the marriage, inheritances, or gifts received during the marriage that are specifically designated as separate.
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.
Correct Answer
A. True
Explanation
In some jurisdictions, a retirement fund or pension held in the name of one spouse only can be characterized as both "separate property" of that spouse and "community property" of the marriage. This means that the funds are considered both the individual's personal property and shared property of the marriage. This classification allows for certain rights and protections for both spouses in the event of a divorce or separation.
25.
Children born before the date of marriage should be included in the divorce case as “children of the marriage.”
Correct Answer
A. True
Explanation
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 spouses. Including them in the divorce case ensures that their rights and interests are protected and that any decisions regarding custody, support, and visitation can be made in their best interests.
26.
In California, spousal support is only awarded in a marriage of 10 years or longer.
Correct Answer
B. False
Explanation
Spousal support in California is not only awarded in marriages of 10 years or longer. While the length of the marriage is a factor considered by the court, it is not the sole determining factor. The court takes into account various factors such as the earning capacity of each spouse, the standard of living during the marriage, and the needs of each party. Therefore, spousal support can be awarded in marriages of any duration, depending on the specific circumstances of the case.
27.
When both spouses in a divorce case are employed, neither spouse may request spousal support.
Correct Answer
B. False
Explanation
In a divorce case where both spouses are employed, it does not automatically mean that neither spouse can request spousal support. The decision to award spousal support depends on various factors such as the income disparity between the spouses, the length of the marriage, and the financial needs of each spouse. Even if both spouses are employed, if one spouse earns significantly more or if there are other circumstances that justify the need for spousal support, it can still be requested and granted. Therefore, the statement is false.
28.
When the noncustodial parent fails to pay his/her court ordered child support, the custodial parent may deny visitation with the children.
Correct Answer
B. False
Explanation
The statement is false because visitation rights and child support are separate legal issues. The custodial parent cannot legally deny visitation rights to the noncustodial parent simply because they have failed to pay child support. The court may enforce child support payments through various means, such as wage garnishment or property liens, but it does not affect visitation rights.
29.
Select the definition that best matches Service of Process:
Correct Answer
A. Legally effective delivery of legal documents
Explanation
The correct answer is "Legally effective delivery of legal documents." Service of Process refers to the legal procedure of delivering legal documents to a party involved in a lawsuit. It is a crucial step in ensuring that all parties are properly notified and have the opportunity to respond to the lawsuit. This delivery must be done in accordance with specific legal requirements to ensure its validity.
30.
Select the definition that best matches Community Property:
Correct Answer
B. Assets and Debts purchased/incurred during the marriage and before the date of separation
Explanation
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 means that any property or debts obtained by either spouse during the marriage are considered community property and are typically divided equally in the event of a divorce or separation. This definition aligns with the answer choice "Assets and Debts purchased/incurred during the marriage and before the date of separation."
31.
Select the definition that best matches Legal Custody:
Correct Answer
C. The legal decision making power over the children
Explanation
Legal custody refers to the legal decision-making power over the children. This means that the person with legal custody has the authority to make important decisions regarding the child's upbringing, such as education, healthcare, and religious practices. Legal custody does not pertain to property or assets, but specifically focuses on the rights and responsibilities related to the children involved.
32.
Select the definition that best matches Order to Show Cause:
Correct Answer
C. A and B
Explanation
The correct answer is A and B. An Order to Show Cause is a legal term used to describe an evidentiary hearing that can be held both during the divorce proceedings before the final judgment is entered, as well as after the final judgment has been made. This hearing allows the court to review and address any issues or violations that may have occurred during the divorce process. Therefore, both options A and B accurately define the concept of an Order to Show Cause.
33.
Select the definition that best matches Findings and Order After Hearings:
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
Explanation
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 and records all the 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 judge's decisions and rulings.
34.
Select the definition that best matches Separate Property:
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 marriage
Explanation
Separate property refers to assets and debts that were acquired before the date of marriage or after the date of separation, as well as any gifts or inheritances received during the marriage. This means that these assets and debts are not considered marital property and are not subject to division in the event of a divorce.