MT Bar Family Law 2

Question 1

Under Montana law, which of the following would most likely constitute grounds to terminate parental rights?

Accepted Answer

Chronic physical abuse or neglect of the child

Answer

A parent's temporary unemployment lasting three months

Answer

A parent's relocation to another state

Answer

Disagreement between parents over the child's education

Question 2

When Montana courts establish a child support obligation, which of the following is the primary framework used?

Accepted Answer

The Income Shares Model, which considers both parents' incomes

Answer

A flat percentage of the non-custodial parent's gross income

Answer

The Melson Formula, which protects a self-support reserve first

Answer

The court's pure discretion without any standardized guidelines

Question 3

A Montana couple has been living apart for two years without formal proceedings. Which statement best describes their legal status?

Accepted Answer

They remain married unless a court grants a legal separation or dissolution

Answer

They are legally separated by operation of law after one year of separation

Answer

They are automatically divorced after two years of separation

Answer

They are considered to have a common-law divorce recognized by the state

Question 4

Under Montana law, a premarital agreement (prenuptial agreement) is enforceable unless:

Accepted Answer

It was the product of fraud, duress, or was unconscionable at execution

Answer

It was executed more than 30 days before the wedding

Answer

It was not reviewed by both parties' attorneys

Answer

It addresses property division rather than spousal support

Question 5

In a Montana dissolution proceeding, debts incurred during the marriage are generally treated as:

Accepted Answer

Marital liabilities subject to equitable allocation between the spouses

Answer

Entirely the responsibility of the spouse who incurred them

Answer

Always divided equally 50/50 regardless of circumstances

Answer

Only allocated to the higher-earning spouse

Question 6

Under Montana law, at what age may a minor marry without parental consent?

Accepted Answer

18

Answer

16

Answer

17

Answer

21

Question 7

When a Montana court evaluates relocation of a custodial parent with the child to another state, the court will primarily consider:

Accepted Answer

Whether the relocation serves the best interests of the child

Answer

Whether the move crosses an international border

Answer

The automatic right of the custodial parent to relocate

Answer

Whether both parents agree, making court approval unnecessary