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Family Law Flashcards

7 cards from real IN 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

  1. In Indiana, what is the statutory waiting period between filing a petition for dissolution of marriage and the earliest date the court may enter a final decree?

    Answer: 60 days

    Indiana Code 31-15-2-10 requires a minimum 60-day waiting period after filing before a final dissolution hearing may be held.

  2. Indiana courts divide marital property upon dissolution using which approach?

    Answer: A one-pot theory presuming an equal division of all property is just and reasonable

    Indiana uses the one-pot theory, placing all property owned by either spouse into the marital estate with a rebuttable presumption that an equal division is just and reasonable.

  3. A husband seeks to rebut Indiana's presumption of equal property division because he inherited a farm before the marriage. Which factor may the court consider under IC 31-15-7-5?

    Answer: The extent property was acquired before marriage or through inheritance or gift

    The statute allows deviation based on factors including acquisition of property before marriage or through inheritance or gift, but not marital fault.

  4. Under Indiana law, a court may award spousal maintenance after dissolution in which of the following circumstances?

    Answer: The spouse is physically or mentally incapacitated to the extent that self-support is materially affected

    Indiana permits maintenance only in limited circumstances: incapacity of a spouse, a caregiver for an incapacitated child lacking sufficient property, or short-term rehabilitative maintenance up to three years.

  5. What is the maximum duration of rehabilitative maintenance an Indiana court may order following dissolution?

    Answer: Three years from the date of the final decree

    Indiana Code 31-15-7-2 caps rehabilitative maintenance at three years from the date of the final decree.

  6. In an Indiana custody dispute, at what age does a child's wishes receive greater statutory weight in the best-interests analysis?

    Answer: At least 14 years old

    IC 31-17-2-8 directs courts to give more consideration to the wishes of a child who is at least 14 years of age.

  7. A grandmother in Indiana petitions for visitation with her grandchild over the objection of the child's fit married parents whose marriage is intact. What is the likely result?

    Answer: Denial, because Indiana's Grandparent Visitation Act does not authorize petitions when the child's parents are married and the family is intact

    Indiana's Grandparent Visitation Act permits petitions only when a parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born out of wedlock, and fit parents' decisions receive special deference under Troxel.