Family Law & Domestic Relations Flashcards

In equitable distribution states, courts divide marital property based on:

Answer: A fair but not necessarily equal division considering relevant factors

Equitable distribution requires a fair division considering factors like length of marriage, economic circumstances, contributions, and earning potential, which may or may not result in an equal split.

A stepparent adoption terminates the legal relationship between the child and the:

Answer: Non-custodial biological parent whose rights are terminated

Stepparent adoption requires termination of the non-custodial biological parent's parental rights, severing that parent's legal relationship with the child entirely.

Which document establishes the terms of a collaborative divorce and prohibits the attorneys from representing clients in litigation if collaboration fails?

Answer: Participation agreement

A participation agreement in collaborative divorce commits the parties and attorneys to the collaborative process and disqualifies the attorneys from representing either party in subsequent litigation.

Under the Violence Against Women Act (VAWA), an immigrant victim of domestic violence may:

Answer: Self-petition for immigration status independently of the abusive spouse

VAWA allows immigrant victims of domestic violence to self-petition for immigration benefits without relying on the abusive spouse, protecting them from deportation threats used as control tactics.

When a divorce decree incorporates but does not merge a separation agreement, the agreement:

Answer: Retains its status as an independent contract enforceable on both contract and contempt grounds

When a separation agreement is incorporated but not merged, it retains independent contractual status, giving the aggrieved party both contract remedies and contempt of court enforcement options.

A legal assistant preparing an adoption petition must ensure which document is included to establish that the biological parent's rights have been properly terminated?

Answer: Court order of termination of parental rights or relinquishment consent

An adoption petition must include either a court order terminating parental rights or a valid written consent/relinquishment from the biological parent to establish the legal prerequisite for adoption.

The 'tender years doctrine,' which historically presumed mothers should have custody of young children, has been:

Answer: Largely abolished and replaced with the gender-neutral best interests standard

The tender years doctrine has been largely abolished as unconstitutionally gender-discriminatory; courts now apply the gender-neutral best interests of the child standard.