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

Montana permits termination of parental rights when a parent has subjected the child to chronic abuse, neglect, or abandonment that endangers the child's welfare.

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

Montana uses the Income Shares Model for child support, which combines both parents' incomes to estimate what would have been spent on the child in an intact household.

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

Montana does not provide for automatic divorce based on separation; the parties remain married until a court formally grants either a legal separation or a dissolution of marriage.

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

Montana follows the Uniform Premarital Agreement Act, invalidating prenuptial agreements that were procured by fraud, duress, or were unconscionable when signed.

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

Montana courts treat marital debts similarly to marital assets, allocating them equitably between the spouses based on the circumstances of each case.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Family Law 2