FBBE Florida Family Law 2 — Questions and Answers
Question 1: Under the Florida Premarital Agreement Act, a prenuptial agreement is unenforceable if a party establishes that:
- It was signed fewer than 30 days before the wedding
- It was not acknowledged before a notary public
- The agreement was not executed voluntarily (Correct answer)
- It was not reviewed by independent counsel for both parties
Correct answer: The agreement was not executed voluntarily
Under Florida's Premarital Agreement Act, a party may void a prenuptial agreement by proving it was not executed voluntarily, among a narrow set of grounds.
Question 2: Which of the following is generally classified as a non-marital asset under Florida law?
- A home purchased during the marriage with marital funds
- A retirement account funded entirely during the marriage
- A business owned by one spouse before marriage that was never commingled with marital assets (Correct answer)
- Wages earned by either spouse during the marriage
Correct answer: A business owned by one spouse before marriage that was never commingled with marital assets
Under §61.075, a business owned prior to marriage that was never commingled with marital funds remains a non-marital asset not subject to equitable distribution.
Question 3: Under Florida law, paternity may be legally established by which of the following means?
- DNA testing ordered by a court as the only valid method
- Voluntary acknowledgment, the parties being married at the time of birth, or court adjudication (Correct answer)
- The father's name appearing on the birth certificate alone
- A written and notarized agreement between the biological parents
Correct answer: Voluntary acknowledgment, the parties being married at the time of birth, or court adjudication
Florida allows paternity to be established through a voluntary acknowledgment signed by both parents, the parents being married at birth, or a court adjudication of paternity.
Question 4: A Florida court may modify an existing child support order when:
- Either party requests a modification without restriction
- There is a substantial change in circumstances (Correct answer)
- At least one year has elapsed since the prior order
- The child reaches school age or changes schools
Correct answer: There is a substantial change in circumstances
Florida requires a showing of a substantial change in circumstances — such as a significant income change of at least 15% — before a child support order may be modified.
Question 5: Under Florida's Domestic Violence Act, a temporary injunction for protection against domestic violence may be issued:
- Only after a noticed hearing with both parties present
- Ex parte, without notice to the respondent, based on the petitioner's sworn allegations (Correct answer)
- Only if law enforcement has previously arrested the respondent
- Only if the parties share a child or are currently married
Correct answer: Ex parte, without notice to the respondent, based on the petitioner's sworn allegations
Florida courts may issue a temporary injunction ex parte — without prior notice to the respondent — if the petition demonstrates an immediate and present danger of domestic violence.
Question 6: Florida's simplified dissolution of marriage procedure is available only when:
- Both spouses agree there are no minor or dependent children, no alimony, and waive formal financial disclosure (Correct answer)
- The marriage lasted fewer than five years with no children
- Both parties appear pro se and agree to waive all property claims
- One party has been absent and unlocatable for more than one year
Correct answer: Both spouses agree there are no minor or dependent children, no alimony, and waive formal financial disclosure
The simplified dissolution process requires mutual agreement, no minor or dependent children, no request for alimony, and waiver of the right to financial disclosure.
Question 7: Which of the following is NOT a statutory factor in determining alimony under Florida law?
- Standard of living established during the marriage
- Duration of the marriage
- Marital fault or misconduct by either party (Correct answer)
- Financial resources and earning capacity of each party
Correct answer: Marital fault or misconduct by either party
Florida is a no-fault state and marital misconduct is not among the statutory factors courts consider when determining alimony under §61.08.
FBBE Florida Family Law 2
Under the Florida Premarital Agreement Act, a prenuptial agreement is unenforceable if a party establishes that: