MT Bar Family Law 3

Question 1

Under Montana's adoption statutes, which of the following is true regarding consent to adoption?

Accepted Answer

Consent of both legal parents is required unless parental rights have been terminated

Answer

Montana requires consent from both legal parents before an adoption can proceed, unless one parent's rights have already been terminated by court order or operation of law.

Question 2

A Montana court issuing a domestic relations order (QDRO) in a divorce to divide a spouse's pension is exercising which type of authority?

Accepted Answer

Equitable authority to divide marital property including retirement benefits

Answer

A Qualified Domestic Relations Order (QDRO) is an equitable tool courts use to divide retirement assets as marital property, assigning a portion of pension benefits to an alternate payee.

Question 3

In Montana, which factor is NOT typically considered in calculating a maintenance (alimony) award?

Accepted Answer

The fault of either spouse in causing the divorce

Answer

Montana is a no-fault state and fault in causing the marital breakdown is not a statutory factor considered when setting the amount or duration of spousal maintenance.

Question 4

Under Montana law, legal separation differs from dissolution of marriage primarily in that:

Accepted Answer

After legal separation, the parties remain married and cannot remarry

Answer

A legal separation in Montana allows the court to divide property and set support obligations, but the parties remain legally married and therefore cannot remarry.

Question 5

Under Montana's version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Montana has jurisdiction to make an initial child custody determination when:

Accepted Answer

Montana is the child's home state, where the child lived for six months before proceedings began

Answer

Under the UCCJEA, Montana has jurisdiction for an initial custody determination when it is the child's 'home state,' meaning the child lived there for at least six consecutive months immediately before the proceedings.

MT Bar - Montana Bar Exam Practice Test

MT Bar - Montana Bar Exam Practice Test

MT Bar Family Law 3