SC Bar Family Law 5

Question 1

Under South Carolina law, which marriage is void ab initio rather than merely voidable?

Accepted Answer

A bigamous marriage entered while one party has a living spouse from an undissolved marriage

Answer

Bigamous and incestuous marriages are void from inception in South Carolina, while fraud or duress renders a marriage voidable.

Question 2

In South Carolina, an annulment based on the parties never having consummated the marriage or lived together as spouses requires proof that:

Accepted Answer

The parties never cohabited after the ceremony

Answer

South Carolina permits annulment where the parties have not cohabited following the ceremony, as cohabitation validates the marriage contract.

Question 3

Husband and Wife reconcile briefly and resume marital relations during their one-year separation. What effect does this have on their pending no-fault divorce ground in South Carolina?

Accepted Answer

It interrupts the continuous separation period, restarting the one-year clock

Answer

The one-year separation must be continuous and without cohabitation, so resuming marital relations restarts the period.

Question 4

The defense of condonation would defeat a South Carolina divorce action based on adultery when:

Accepted Answer

The innocent spouse, knowing of the adultery, forgave it and resumed the marital relationship, and the offense was not repeated

Answer

Condonation is forgiveness with full knowledge and resumption of marital relations, conditioned on the offense not recurring.

Question 5

South Carolina's child support guidelines calculate the basic support obligation using which model?

Accepted Answer

The income shares model, combining both parents' gross incomes

Answer

South Carolina uses the income shares model, apportioning the combined-income support obligation between the parents proportionally.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Family Law 5