CAS Bar Family Law

Question 1

What is the residency requirement for filing for divorce in California?

Accepted Answer

One spouse must have lived in California for 6 months and in the county for 3 months

Answer

No residency requirement exists

Answer

Both spouses must live in California for 1 year

Answer

Only 30 days of residency is required

Question 2

How does California divide community property in divorce?

Accepted Answer

Community property is divided equally (50/50) between the spouses

Answer

The court divides property based on equitable factors

Answer

The higher-earning spouse receives more

Answer

Property division is at the judge's complete discretion

Question 3

What is the Gavron warning in California family law?

Accepted Answer

A court warning to a supported spouse that they are expected to become self-supporting within a reasonable time

Answer

A warning about child custody restrictions

Answer

A notification about property division

Answer

A warning about contempt of court

Question 4

What factors does a California court consider in determining child custody?

Accepted Answer

The health, safety, and welfare of the child, with a preference for frequent and continuing contact with both parents

Answer

Only the parents' income levels

Answer

The child's preference in all cases regardless of age

Answer

The gender of the parents

Question 5

What is a Putative Spouse in California family law?

Accepted Answer

A person who believed in good faith that their marriage was valid when it was actually void or voidable

Answer

A spouse who files for divorce first

Answer

A common law spouse

Answer

A domestic partner

Question 6

How long does spousal support last in California?

Accepted Answer

For marriages under 10 years, generally half the length of the marriage; for longer marriages, potentially indefinitely

Answer

Always permanently

Answer

Always exactly half the length of the marriage

Answer

Support always ends after 5 years