CDS Divorce Process and Legal Framework 5

Question 1

What is the 'Hague Convention on the Civil Aspects of International Child Abduction' relevant to in divorce cases?

Accepted Answer

Requiring the prompt return of children wrongfully removed to or retained in a foreign country

Answer

The Hague Convention provides a legal framework for the prompt return of children wrongfully removed from their country of habitual residence by one parent during or after divorce.

Question 2

In divorce proceedings, what is 'collaborative divorce'?

Accepted Answer

A process where both parties and their attorneys commit to resolving all issues outside of court through negotiation

Answer

Collaborative divorce is a structured process where both spouses and their specially trained attorneys commit in writing to settle all issues cooperatively without litigation, often involving a team of financial and mental health professionals.

Question 3

What does 'equitable distribution' mean in the context of marital property division?

Accepted Answer

Dividing marital property in a manner the court deems fair, which may not be equal

Answer

Equitable distribution means the court divides marital property fairly based on factors like length of marriage, each spouse's contributions, and economic circumstances—not necessarily a 50/50 split.

Question 4

What is the legal effect of a 'decree nisi' in states that use this procedure?

Accepted Answer

It is a provisional divorce decree that becomes final after a waiting period unless cause is shown

Answer

A decree nisi is a conditional divorce order that becomes absolute (final) after a specified waiting period, during which either party can show cause why the divorce should not be granted.

Question 5

Under the Parental Kidnapping Prevention Act (PKPA), what is required of states regarding child custody orders from other states?

Accepted Answer

States must give full faith and credit to valid custody orders from other states and may not modify them if the issuing state retains jurisdiction

Answer

The PKPA requires states to enforce and not modify custody orders from other states that had proper jurisdiction, preventing conflicting orders and parental abduction tactics.

(CDS) Certified Divorce Specialist Practice Test

(CDS) Certified Divorce Specialist Practice Test

CDS Divorce Process and Legal Framework 5