Family Law Flashcards
7 cards from real ID BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Family Law flashcards as text
Under Idaho community property law, what is the default presumption for property acquired during marriage?
Answer: All property acquired during marriage is presumed community property
Idaho is a community property state, and all property acquired during marriage is presumed to be community property unless shown to be separate property by clear and convincing evidence.
In Idaho, which of the following is classified as separate property not subject to division in divorce?
Answer: Property inherited by one spouse during the marriage
Under Idaho Code § 32-903, property acquired by gift, bequest, devise, or descent remains separate property and is not subject to division in a divorce proceeding.
When dividing community property in an Idaho divorce, the court is required to:
Answer: Divide community property substantially equally between the spouses
Idaho Code § 32-712 requires courts to divide community property substantially equally between spouses upon divorce, reflecting Idaho's community property framework.
Under Idaho law, which of the following is a recognized fault-based ground for divorce?
Answer: Adultery
Idaho Code § 32-603 recognizes adultery as a fault-based ground for divorce, alongside grounds such as extreme cruelty, willful desertion, and habitual intemperance.
In Idaho, when separate property is commingled with community property to the point where it cannot be traced, the commingled property is treated as:
Answer: Community property subject to equal division
When separate property is commingled with community property and cannot be traced, Idaho courts presume the entire commingled mass to be community property subject to equal division.
Under Idaho community property law, debts incurred by one spouse during marriage for household necessities are generally:
Answer: Community debts for which both spouses may be liable
Idaho community property law treats debts incurred during marriage for the benefit of the marital community, such as household necessities, as community debts for which both spouses may be held liable.
In Idaho, a legal separation differs from a divorce primarily because:
Answer: Legally separated spouses remain married and cannot remarry
In a legal separation under Idaho law, the court does not dissolve the marital status; the parties remain legally married and are therefore not free to remarry, unlike in a divorce.