Divorce Law & Legal Procedures Flashcards

What is a 'QDRO' and when is it used in divorce?

Answer: A court order dividing a retirement plan between divorcing spouses

A Qualified Domestic Relations Order (QDRO) is a court order that splits a retirement plan between divorcing spouses without triggering early withdrawal penalties.

Under the Full Faith and Credit Clause, how must states treat valid divorce decrees issued by other states?

Answer: They must recognize and enforce the decree as if issued by their own courts

The Full Faith and Credit Clause of the U.S. Constitution requires states to recognize valid divorce decrees from other states as they would their own judgments.

Which equitable defense bars a divorce-related claim when a party has unreasonably delayed asserting it, causing prejudice to the other party?

Answer: Laches

Laches bars a claim when a party has unreasonably delayed asserting their rights and this delay has prejudiced the opposing party.

What is the primary purpose of a guardian ad litem in divorce proceedings?

Answer: To independently represent the best interests of minor children

A guardian ad litem is appointed by the court to independently investigate and advocate for the best interests of minor children in contested custody proceedings.

In community property states, when does the community property period generally end for divorce purposes?

Answer: At the date of filing the divorce petition

In most community property states, the community property accumulation period ends at the date of filing the divorce petition, after which new assets are typically separate property.

What is 'discovery' in the context of divorce litigation?

Answer: The formal legal process of exchanging information and evidence between parties

Discovery is the pre-trial process where each party can obtain evidence from the other through tools like interrogatories, depositions, and document requests.

What legal remedy can a court use when one spouse attempts to hide assets during divorce proceedings?

Answer: Adverse inference instruction or sanctions against the non-disclosing party

Courts can impose sanctions, draw adverse inferences, or award additional assets to the aggrieved spouse when a party attempts to hide or dissipate marital assets.