Additional Questions From Diagnostic

Question 1

Which fault ground for divorce may be proven using circumstantial evidence, including opportunity and inclination? Explain

Answer 1

Adultery

because it usually happens in private, without witnesses. The innocent and injured spouse claiming cruel and barbarous treatment or indignities can provide direct evidence of the spouse’s behavior through her own testimony and the testimony of any witnesses.

Question 2

The possibility of future inheritance can/cannot be considered in equitable distribution.

Answer 2

Cannot

Question 3

Can a court consider adultery committed after the date of separation when making an alimony determination?

Answer 3

No

Question 4

Can a court consider abuse of the other spouse committed after the date of separation when making an alimony determination?

Answer 4

Yes

Question 5

Child support can only be waived when?

Answer 5

When the child is conceived through nonsexual sperm donation

Question 6

A parent is liable for child support until . . .

Answer 6

The child is emancipated

Question 7

What change in job status would permit a modification of child support payments?

Answer 7

Retirement

Question 8

When the children spend _____% or more of their time with the obligor (as determined by the number of overnights during the year), a presumption arises that the obligor is entitled to a reduction in her support obligation.

Answer 8

40%

Question 9

In a custody proceeding, the court will begin to give greater weight to the preference of a child when the child reaches age . . .

Answer 9

12

Question 10

A prenuptial agreement is presumed to be valid if the parties made . . .

Answer 10

a fair and reasonable disclosure of assets to one another.

Question 11

If a party dies after grounds for divorce have been established, the court may/may not make a posthumous distribution of property.

Answer 11

May

Question 12

A grandparent who is not in loco parentis to the child may seek any form of physical and/or legal custody when: (i) the relationship with the child began with parental consent or a court order; (ii) the grandparent is willing to assume responsibility for the child; and (iii) . . .

Answer 12

the child is a dependent child; is substantially at risk due to parental abuse, neglect, drug or alcohol abuse, or incapacity; or has resided with the grandparent for 12 months or more, is removed from the home by the parents, and the action is filed within six months after the removal of the child from the home.

Question 13

A grandparent can seek partial custody or supervised physical custody when . . .

Answer 13

A parent of the child is deceased

Question 14

The Protection from Abuse Act applies to which class of people?

Answer 14

Former intimate partners