MD Bar Family Law 2

Question 1

In Maryland, what is the standard waiting period for an absolute divorce based on six-month separation under the 2023 divorce law reform?

Accepted Answer

Six months of separation, which may occur under the same roof if leading separate lives

Answer

Maryland's 2023 reform allows absolute divorce after six months of separation, even if the parties live under the same roof, provided they lead separate lives.

Question 2

Which grounds for divorce were eliminated in Maryland effective October 1, 2023?

Accepted Answer

Fault-based grounds such as adultery, desertion, and cruelty

Answer

The 2023 reform abolished fault-based grounds like adultery, desertion, cruelty, and criminal conviction, leaving separation, irreconcilable differences, and mutual consent.

Question 3

A Maryland court dividing marital property may transfer ownership of which asset directly between spouses?

Accepted Answer

Retirement interests, family use personal property, and real property held as the family home

Answer

Maryland is a monetary award state, but courts may transfer title to pensions/retirement interests, family use personal property, and jointly owned real property used as the family home.

Question 4

Under Maryland law, property acquired during the marriage by one spouse through inheritance is classified as what?

Accepted Answer

Non-marital property, unless commingled so it cannot be traced

Answer

Gifts and inheritances to one spouse are non-marital in Maryland, but they can become partly marital if commingled and untraceable.

Question 5

In Maryland, what standard governs a court's initial custody determination between two fit parents?

Accepted Answer

The best interests of the child, with no presumption favoring either parent

Answer

Maryland applies the best-interests-of-the-child standard using factors from Montgomery County v. Sanders and Taylor v. Taylor, with no gender-based or 50/50 presumption.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Family Law 2