CAS Bar Family Law 1 — Questions and Answers
Question 1: What is the residency requirement for filing for divorce in California?
- One spouse must have lived in California for 6 months and in the county for 3 months (Correct answer)
- No residency requirement exists
- Both spouses must live in California for 1 year
- Only 30 days of residency is required
Correct answer: One spouse must have lived in California for 6 months and in the county for 3 months
California Family Code requires one spouse to have been a resident of the state for at least 6 months and of the filing county for at least 3 months before filing for dissolution.
Question 2: How does California divide community property in divorce?
- Community property is divided equally (50/50) between the spouses (Correct answer)
- The court divides property based on equitable factors
- The higher-earning spouse receives more
- Property division is at the judge's complete discretion
Correct answer: Community property is divided equally (50/50) between the spouses
California is a strict community property state requiring an equal (50/50) division of all community property and debts upon divorce, unlike equitable distribution states.
Question 3: What is the Gavron warning in California family law?
- A court warning to a supported spouse that they are expected to become self-supporting within a reasonable time (Correct answer)
- A warning about child custody restrictions
- A notification about property division
- A warning about contempt of court
Correct answer: A court warning to a supported spouse that they are expected to become self-supporting within a reasonable time
The Gavron warning (from Marriage of Gavron) admonishes the supported spouse that they are expected to make reasonable efforts to become self-supporting, and failure to do so may result in modification or termination of spousal support.
Question 4: What factors does a California court consider in determining child custody?
- The health, safety, and welfare of the child, with a preference for frequent and continuing contact with both parents (Correct answer)
- Only the parents' income levels
- The child's preference in all cases regardless of age
- The gender of the parents
Correct answer: The health, safety, and welfare of the child, with a preference for frequent and continuing contact with both parents
California Family Code Section 3011 requires courts to consider the child's health, safety, and welfare, any history of abuse, the child's relationship with each parent, and the nature of contact with both parents.
Question 5: What is a Putative Spouse in California family law?
- A person who believed in good faith that their marriage was valid when it was actually void or voidable (Correct answer)
- A spouse who files for divorce first
- A common law spouse
- A domestic partner
Correct answer: A person who believed in good faith that their marriage was valid when it was actually void or voidable
A putative spouse is someone who believed in good faith that they were legally married. California law protects putative spouses by granting them property rights similar to those of a legal spouse.
Question 6: How long does spousal support last in California?
- For marriages under 10 years, generally half the length of the marriage; for longer marriages, potentially indefinitely (Correct answer)
- Always permanently
- Always exactly half the length of the marriage
- Support always ends after 5 years
Correct answer: For marriages under 10 years, generally half the length of the marriage; for longer marriages, potentially indefinitely
For short-term marriages (under 10 years), spousal support typically lasts about half the marriage length. For long-term marriages (10+ years), the court retains jurisdiction indefinitely.
CAS Bar Family Law 1
What is the residency requirement for filing for divorce in California?