CDA Divorce Law & Legal Procedures 3 — Questions and Answers
Question 1: Under the Uniform Interstate Family Support Act (UIFSA), which state has continuing exclusive jurisdiction over a support order?
- The state where the child currently resides
- The state that issued the original order, as long as one party remains there (Correct answer)
- The state with the highest income tax rate
- The state where the divorce was filed
Correct 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.
Question 2: What legal document formally ends the marital relationship and outlines the court's rulings on all divorce issues?
- Petition for dissolution
- Separation agreement
- Decree of dissolution (divorce decree) (Correct answer)
- Temporary restraining order
Correct 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.
Question 3: In which scenario would a court most likely deny a request to change venue in a divorce case?
- When the petitioner recently moved to a new state
- When both spouses still reside in the original jurisdiction (Correct answer)
- When minor children live outside the filing state
- When assets are located in another state
Correct 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.
Question 4: What is 'constructive desertion' as a fault ground for divorce?
- Physically leaving the marital home without cause
- Conduct that forces the innocent spouse to leave the home (Correct answer)
- Deserting shared financial accounts
- Refusing to participate in divorce proceedings
Correct 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.
Question 5: What does 'commingling' of assets mean in divorce property division?
- Transferring separate property to a third party
- Mixing separate property with marital property so they become indistinguishable (Correct answer)
- Filing joint tax returns during separation
- Combining two mortgage loans into one
Correct 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.
Question 6: Which legal standard governs whether a court will modify an existing child custody order?
- Substantial change in circumstances (Correct answer)
- Preponderance of the evidence
- Clear and convincing evidence
- Beyond a reasonable doubt
Correct 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.
Question 7: What is the legal significance of a 'separation agreement' in divorce proceedings?
- It immediately dissolves the marriage
- It is a binding contract that resolves divorce issues and may be incorporated into the final decree (Correct answer)
- It only applies to temporary support arrangements
- It must be filed with the IRS
Correct 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.
CDA Divorce Law & Legal Procedures 3
Under the Uniform Interstate Family Support Act (UIFSA), which state has continuing exclusive jurisdiction over a support order?