CO Bar Family Law 4

Question 1

After the Colorado Supreme Court's 2021 decision in Hogsett v. Hogsett, what is the primary standard for establishing a common law marriage in Colorado?

Accepted Answer

Mutual consent to be married and public acknowledgment of the marital relationship

Answer

Hogsett v. Hogsett (2021) reframed Colorado's common law marriage test around mutual consent and public representation as a married couple, moving away from a rigid checklist.

Question 2

Under Colorado's Uniform Parentage Act, which man is presumed to be a child's legal father?

Accepted Answer

The man who was married to the child's mother at the time of birth

Answer

Colorado's Uniform Parentage Act presumes that a man married to the child's mother at the time of birth is the legal father — a presumption rebuttable only by clear and convincing evidence.

Question 3

A Qualified Domestic Relations Order (QDRO) is used in Colorado dissolution proceedings primarily to:

Accepted Answer

Divide a retirement plan benefit without triggering early-withdrawal tax penalties

Answer

A QDRO is a specialized court order that assigns a portion of a retirement plan to an alternate payee (typically a former spouse) and qualifies for tax-neutral treatment under federal law.

Question 4

Colorado law requires the consent of a child being adopted if the child has reached what age?

Accepted Answer

12 years old

Answer

Under C.R.S. 19-5-203, a child 12 years of age or older must personally consent to their own adoption.

Question 5

For a stepparent adoption to proceed in Colorado, whose consent is generally required?

Accepted Answer

Consent of both biological parents unless parental rights have been terminated

Answer

Both biological parents must consent to a stepparent adoption unless one parent's rights have previously been terminated by a court.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Family Law 4