NM Bar Family Law & Domestic Relations 3

Question 1

Under New Mexico law, a domestic violence order of protection may be issued on an emergency ex parte basis for an initial period of:

Accepted Answer

10 days

Answer

Under NMSA 1978 § 40-13-4, an emergency ex parte temporary order of protection may be issued for up to 10 days pending a hearing.

Question 2

Which of the following constitutes 'domestic abuse' under the New Mexico Family Violence Protection Act?

Accepted Answer

Physical abuse, sexual abuse, or threats between household members

Answer

The Family Violence Protection Act defines domestic abuse as physical, sexual, or threatening conduct between household members or those in an intimate partner relationship.

Question 3

In New Mexico, what happens to community property debts incurred by one spouse during marriage?

Accepted Answer

Both spouses are jointly and severally liable for community debts

Answer

In New Mexico's community property system, debts incurred during marriage for community purposes are community obligations for which both spouses may be held liable.

Question 4

A New Mexico court considering relocation of a custodial parent with a child will apply which standard?

Accepted Answer

Best interests of the child with consideration of the relocation factors

Answer

New Mexico courts apply the best interests of the child standard under NMSA 1978 § 40-4-9.1, weighing specific relocation factors including impact on parenting time.

Question 5

Under New Mexico law, premarital agreements must be:

Accepted Answer

In writing and signed by both parties

Answer

Under the New Mexico Uniform Premarital Agreement Act (NMSA 1978 § 40-3A-3), a premarital agreement must be in writing and signed by both parties to be enforceable.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Family Law & Domestic Relations 3