Attorney Family Law Attorney

Question 1

What is the legal standard courts apply when making child custody decisions?

Accepted Answer

The best interests of the child

Answer

The preference of the child's parents

Answer

The financial resources of each parent

Answer

The child's own stated preference in all cases

Question 2

What is the difference between legal custody and physical custody?

Accepted Answer

Legal custody is the right to make major decisions for the child; physical custody determines where the child lives

Answer

Legal custody refers to financial support; physical custody refers to housing

Answer

Legal custody applies only to education; physical custody applies to healthcare

Answer

Legal custody is temporary; physical custody is permanent

Question 3

What factors do courts consider when awarding spousal support (alimony)?

Accepted Answer

Multiple factors including length of marriage, standard of living, each spouse's earning capacity, and contributions to the marriage

Answer

Only the length of the marriage

Answer

Only the income difference between spouses

Answer

Only the conduct of each spouse during the marriage

Question 4

What is equitable distribution in divorce?

Accepted Answer

A fair but not necessarily equal division of marital property based on various factors

Answer

An equal 50/50 split of all marital assets

Answer

A court-supervised auction of marital property

Answer

A system where the spouse who acquired the asset keeps it

Question 5

What is the difference between marital property and separate property?

Accepted Answer

Marital property is owned jointly; separate property is owned only by one spouse, such as assets owned before marriage or received as gifts or inheritance

Answer

Marital property is real estate; separate property is personal property

Answer

Marital property is taxable; separate property is not

Answer

Marital property is divided by the court; separate property is donated to charity

Question 6

What is a prenuptial agreement?

Accepted Answer

A contract signed before marriage specifying how assets and debts will be divided if the marriage ends

Answer

A contract executed during marriage to modify property rights

Answer

A court order requiring spousal support during separation

Answer

A legal document designating a spouse as beneficiary