Divorce Law & Legal Procedures Flashcards
7 cards from real CDA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Divorce Law & Legal Procedures flashcards as text
Under the Uniform Interstate Family Support Act (UIFSA), which state has continuing exclusive jurisdiction over a support order?
Answer: The state that issued the original order, as long as one party remains there
Under UIFSA, the issuing state retains continuing exclusive jurisdiction over a support order as long as one party or the child continues to reside there.
What legal document formally ends the marital relationship and outlines the court's rulings on all divorce issues?
Answer: Decree of dissolution (divorce decree)
A divorce decree (decree of dissolution) is the final court order that legally terminates the marriage and specifies all resolved terms.
In which scenario would a court most likely deny a request to change venue in a divorce case?
Answer: When both spouses still reside in the original jurisdiction
Courts typically deny venue changes when both spouses remain in the jurisdiction, as there is no compelling reason to move the case.
What is 'constructive desertion' as a fault ground for divorce?
Answer: Conduct that forces the innocent spouse to leave the home
Constructive desertion occurs when one spouse's intolerable conduct forces the innocent spouse to leave the marital home, making that spouse legally the deserter.
What does 'commingling' of assets mean in divorce property division?
Answer: Mixing separate property with marital property so they become indistinguishable
Commingling occurs when separate property is mixed with marital property to the point that its separate identity is lost, often converting it to marital property.
Which legal standard governs whether a court will modify an existing child custody order?
Answer: Substantial change in circumstances
Most states require a showing of a substantial change in circumstances since the original order before a court will modify a child custody arrangement.
What is the legal significance of a 'separation agreement' in divorce proceedings?
Answer: It is a binding contract that resolves divorce issues and may be incorporated into the final decree
A separation agreement is a binding contract between spouses that resolves issues like property, support, and custody, and is often incorporated into the final divorce decree.