Divorce US Divorce 3 — Questions and Answers
Question 1: What does 'in camera' review mean in a custody dispute?
- Recording the court proceedings on video for evidence
- A judge privately interviews a child outside the presence of the parents (Correct answer)
- Reviewing social media evidence in a closed session
- Using surveillance footage to determine a parent's fitness
Correct answer: A judge privately interviews a child outside the presence of the parents
An 'in camera' interview allows a judge to speak privately with a child to understand their preferences and wellbeing without parental pressure.
Question 2: Which factor does a court NOT typically consider when dividing marital debt in a divorce?
- Which spouse incurred the debt
- Whether the debt benefited the marital household
- The credit scores of each spouse at the time of marriage (Correct answer)
- Each spouse's ability to repay the debt
Correct answer: The credit scores of each spouse at the time of marriage
Courts focus on how debt was incurred, who benefited, and repayment capacity — pre-marriage credit scores are generally not a relevant factor.
Question 3: What is 'collaborative divorce'?
- A divorce where both spouses share the same attorney
- A process where spouses and their attorneys agree to negotiate outside of court (Correct answer)
- A mediation program run by the state family court system
- A divorce finalized by a mediator with no attorneys involved
Correct answer: A process where spouses and their attorneys agree to negotiate outside of court
Collaborative divorce is a structured negotiation process where both spouses retain separate attorneys but agree to resolve all issues without litigation.
Question 4: Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state typically has jurisdiction over a custody case?
- The state where the divorce was filed
- The child's 'home state,' where the child has lived for the past six months (Correct answer)
- The state preferred by the custodial parent
- Any state where either parent currently resides
Correct answer: The child's 'home state,' where the child has lived for the past six months
The UCCJEA designates the child's home state — where the child has lived for at least six consecutive months — as the primary jurisdiction for custody matters.
Question 5: What is 'bird's nest custody'?
- Children alternate between two homes while parents stay in one home
- The children remain in the family home while parents rotate in and out (Correct answer)
- The non-custodial parent has only supervised weekend visits
- A custody arrangement supervised by a court-appointed guardian
Correct answer: The children remain in the family home while parents rotate in and out
In bird's nest custody, the children stay in the family home full-time and the parents take turns living there according to the custody schedule.
Question 6: What typically happens to a couple's tax filing status in the year their divorce is finalized?
- They must file jointly for the entire year
- Their filing status is determined by marital status on December 31 of that year (Correct answer)
- They file separately for the first half and jointly for the second half
- They must file an amended return for all prior years
Correct answer: Their filing status is determined by marital status on December 31 of that year
The IRS determines tax filing status based on whether a taxpayer is married or divorced as of December 31, so a divorce finalized before year-end changes that year's status.
Question 7: What is a 'default divorce' and when does it occur?
- A divorce granted because one spouse cannot be located or fails to respond to the petition (Correct answer)
- A divorce where both parties agree to all terms without a hearing
- A court-ordered divorce when mediation fails
- A divorce automatically granted after a two-year separation
Correct answer: A divorce granted because one spouse cannot be located or fails to respond to the petition
A default divorce is granted when the respondent spouse fails to respond to the divorce petition within the required timeframe, allowing the court to grant the petitioner's requests.
Divorce US Divorce 3
What does 'in camera' review mean in a custody dispute?