MD Bar Family Law 5

Question 1

In Maryland, what is the effect of an annulment compared to a divorce?

Accepted Answer

Annulment declares the marriage void or voidable from the outset, while divorce ends a valid marriage

Answer

An annulment treats the marriage as invalid from inception (void or voidable), whereas divorce dissolves a validly created marriage.

Question 2

Which marriage would be void ab initio in Maryland, requiring no annulment decree to be invalid?

Accepted Answer

A bigamous marriage entered while one party is still married to someone else

Answer

Bigamous and closely incestuous marriages are void ab initio in Maryland; fraud or incapacity typically renders a marriage merely voidable.

Question 3

Under Maryland's mutual consent divorce ground, what must the parties submit to the court?

Accepted Answer

A written settlement agreement resolving alimony, property, and child custody and support issues

Answer

Mutual consent divorce requires a written agreement resolving all alimony, property, and child-related issues, which the court reviews for the children's best interests.

Question 4

When valuing marital property for a monetary award, Maryland courts generally value assets as of what date?

Accepted Answer

The date of the divorce trial or when the divorce is granted

Answer

Maryland values marital property as of the date the divorce is granted, not the separation or filing date.

Question 5

In Maryland, how does a spouse's adultery affect alimony and property division after the 2023 divorce reform?

Accepted Answer

It is no longer a divorce ground but may still be considered as a factor, such as the circumstances of the estrangement, in alimony and monetary award decisions

Answer

Although fault grounds were abolished in 2023, the circumstances contributing to the estrangement remain statutory factors in alimony and monetary award determinations.

(MD Bar) Maryland Bar Exam Practice Test

(MD Bar) Maryland Bar Exam Practice Test

MD Bar Family Law 5