FBBE Florida Family Law 1 — Questions and Answers
Question 1: What is the sole ground for dissolution of marriage in Florida?
- Adultery by one spouse
- Separation for at least one year
- Irretrievable breakdown of the marriage (Correct answer)
- Irreconcilable differences certified by both parties
Correct answer: Irretrievable breakdown of the marriage
Florida is a no-fault divorce state; the only statutory ground for dissolution of marriage is that the marriage is irretrievably broken.
Question 2: What is the residency requirement for filing a petition for dissolution of marriage in Florida?
- 30 days
- 60 days
- 90 days
- 6 months (Correct answer)
Correct answer: 6 months
Under Florida Statutes §61.021, at least one party must have been a Florida resident for 6 months immediately before filing for dissolution.
Question 3: Florida's statutory framework for dividing marital property upon dissolution is best described as:
- Community property split 50/50 in all cases
- Equitable distribution based on fairness (Correct answer)
- Separate property retained by each spouse with no division
- Title-based distribution following ownership records
Correct answer: Equitable distribution based on fairness
Florida follows equitable distribution under §61.075, meaning marital property is divided fairly but not necessarily equally, based on a set of statutory factors.
Question 4: Under Florida law, which of the following is classified as a marital asset subject to equitable distribution?
- Real property owned by one spouse prior to the marriage
- An inheritance received and kept in a separate account during marriage
- Income earned by either spouse during the marriage (Correct answer)
- A gift from a third party given solely to one spouse
Correct answer: Income earned by either spouse during the marriage
Income earned by either spouse during the marriage is a marital asset under §61.075, regardless of which spouse earned it.
Question 5: Which type of alimony in Florida is designed to assist a party with legitimate identifiable short-term needs while transitioning from married to single life, and cannot exceed two years?
- Permanent alimony
- Durational alimony
- Bridge-the-gap alimony (Correct answer)
- Rehabilitative alimony
Correct answer: Bridge-the-gap alimony
Bridge-the-gap alimony addresses short-term transition needs from married to single life and is capped at a maximum of two years under Florida law.
Question 6: Under Florida's child custody framework, what is the statutory default presumption regarding parental responsibility?
- The mother is presumed to be the primary residential parent
- The father is presumed to be the primary residential parent
- Shared parental responsibility is presumed to be in the child's best interest (Correct answer)
- The court has sole discretion with no presumption favoring either parent
Correct answer: Shared parental responsibility is presumed to be in the child's best interest
Florida law presumes that shared parental responsibility is in the best interest of the minor child unless the court finds it would be detrimental.
Question 7: Florida's child support guidelines are calculated based primarily on:
- The income of the higher-earning parent only
- The combined net income of both parents (Correct answer)
- The custodial parent's documented monthly expenses
- The number of children multiplied by a flat statutory rate
Correct answer: The combined net income of both parents
Florida uses the income shares model, which considers the combined net income of both parents to determine the appropriate amount of child support.
FBBE Florida Family Law 1
What is the sole ground for dissolution of marriage in Florida?