TX Bar Family Law

Question 1

Under the Texas Family Code, what is the residency requirement for filing a divorce petition?

Accepted Answer

One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days

Answer

Texas requires one spouse to have been domiciled in the state for at least 6 months and a resident of the filing county for at least 90 days before filing.

Question 2

In Texas, which ground for divorce does NOT require proof of fault?

Accepted Answer

Insupportability (no-fault)

Answer

Insupportability is Texas's no-fault divorce ground, requiring only that the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation.

Question 3

How does Texas law define community property in the context of divorce?

Accepted Answer

All property acquired by either spouse during the marriage except by gift, devise, or descent

Answer

Community property includes all property acquired during marriage by either spouse, excluding property obtained by gift, inheritance, or personal injury recovery.

Question 4

What is the mandatory waiting period for a Texas divorce after the petition is filed?

Accepted Answer

60 days

Answer

Texas imposes a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized.

Question 5

Under Texas law, which standard governs child custody determinations?

Accepted Answer

Best interest of the child

Answer

Texas courts determine custody (conservatorship) based on the best interest of the child, considering factors like emotional and physical needs, stability, and parenting ability.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Family Law