SC Bar Family Law 2

Question 1

Under South Carolina law, what is the mandatory separation period required before spouses may obtain a no-fault divorce based on living separate and apart?

Accepted Answer

One year of continuous separation

Answer

South Carolina requires one year of continuous separation without cohabitation for a no-fault divorce.

Question 2

Which of the following is NOT a fault-based ground for divorce in South Carolina?

Accepted Answer

Irreconcilable differences

Answer

South Carolina recognizes adultery, desertion, physical cruelty, and habitual drunkenness as fault grounds, but not irreconcilable differences.

Question 3

A spouse commits adultery after the parties separate but before the divorce is final. Under South Carolina law, what is the effect on that spouse's claim for alimony?

Accepted Answer

Adultery is an absolute bar to alimony

Answer

S.C. Code § 20-3-130 makes adultery an absolute bar to alimony if it occurs before the earlier of a formal signed property settlement or a permanent order of separate maintenance.

Question 4

In South Carolina, marital property subject to equitable apportionment generally includes property acquired during the marriage up to what point?

Accepted Answer

The date of filing of marital litigation

Answer

Marital property is generally valued and identified as of the date marital litigation is filed or commenced.

Question 5

A wife receives an inheritance during the marriage and deposits it into a joint checking account used to pay household expenses. In South Carolina, the inheritance is most likely:

Accepted Answer

Transmuted into marital property

Answer

Commingling separate funds in a joint account used for marital purposes can transmute nonmarital property into marital property.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Family Law 2