DE Bar Family Law 2

Question 1

Which child support calculation method does Delaware use, making it distinct from most other states?

Accepted Answer

The Melson Formula

Answer

Delaware uses the Melson Formula, which first reserves a self-support allowance for each parent before allocating income to child support.

Question 2

To file for divorce in Delaware, at least one spouse must have resided in the state for how long immediately before the action?

Accepted Answer

6 months or more

Answer

Under 13 Del. C. § 1504, one party must have been a Delaware resident for six or more months before the divorce action is commenced.

Question 3

How does Delaware treat an inheritance received by one spouse during the marriage when dividing property at divorce?

Accepted Answer

It is marital property subject to equitable distribution

Answer

Unlike most states, Delaware's definition of marital property in 13 Del. C. § 1513 includes gifts and inheritances acquired during the marriage, making them subject to equitable distribution.

Question 4

In Delaware, for a marriage that lasted fewer than 20 years, alimony is generally limited to what duration?

Accepted Answer

A period not exceeding 50% of the length of the marriage

Answer

Under 13 Del. C. § 1512(d), a person is eligible for alimony for no longer than 50% of the term of the marriage unless the marriage lasted 20 years or more.

Question 5

Husband and Wife exchanged vows in Delaware in a private ceremony with no license, then lived together for 15 years holding themselves out as married. What is their marital status under Delaware law?

Accepted Answer

They are not married, because Delaware does not recognize common law marriages formed in Delaware

Answer

Delaware does not permit common law marriages to be formed within the state, although it recognizes common law marriages validly created in states that allow them.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Family Law 2