MT Bar Family Law

Question 1

Under Montana law, which of the following is required for a valid marriage?

Accepted Answer

A marriage license and solemnization by an authorized officiant

Answer

Cohabitation for at least six months prior to the ceremony

Answer

Parental consent for all parties regardless of age

Answer

Publication of banns in a local newspaper

Question 2

Montana follows which property distribution system in divorce proceedings?

Accepted Answer

Equitable distribution, dividing marital property fairly but not necessarily equally

Answer

Community property, dividing all marital assets equally

Answer

Title theory, awarding property to whomever holds legal title

Answer

Contribution theory, awarding property based solely on financial contributions

Question 3

In Montana, when determining child custody arrangements, the court's primary standard is:

Accepted Answer

The best interests of the child

Answer

The preference of the parent with higher income

Answer

Equal parenting time regardless of circumstances

Answer

The child's stated preference in all cases

Question 4

Under Montana law, 'marital property' subject to division in a divorce generally includes:

Accepted Answer

Property acquired during marriage but excluding gifts and inheritances received by one spouse

Answer

Only property purchased with joint funds during the marriage

Answer

All property acquired by either spouse during the marriage regardless of source

Answer

Only property titled jointly in both spouses' names

Question 5

A Montana court may grant a dissolution of marriage (divorce) on which ground?

Accepted Answer

Irretrievable breakdown of the marriage

Answer

Adultery proven by clear and convincing evidence

Answer

Cruelty lasting at least one year

Answer

Desertion for a minimum of two years

Question 6

Under Montana's Uniform Parentage Act, a presumption of paternity arises when:

Accepted Answer

A man is married to the child's mother at the time of birth or within 300 days before birth

Answer

The child is born within five years of the parents' last cohabitation

Answer

A man provides financial support for the child for at least one year

Answer

The mother names a man on the birth certificate without his consent

Question 7

In Montana, spousal maintenance (alimony) may be awarded when:

Accepted Answer

The spouse seeking maintenance lacks sufficient property to provide for reasonable needs and cannot support themselves through employment

Answer

The marriage lasted more than ten years, as a matter of right

Answer

Either spouse requests it regardless of financial circumstances

Answer

The court finds fault by the paying spouse