Family Law Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Family Law flashcards as text
Under the Texas Family Code, what is the legal presumption regarding property acquired by either spouse during marriage?
Answer: It is community property
Texas Family Code §3.002 presumes that property acquired during marriage is community property unless clearly and convincingly shown to be separate property.
Which of the following is NOT a statutory ground for divorce under the Texas Family Code?
Answer: Irreconcilable differences
Texas uses 'insupportability' as its no-fault ground; 'irreconcilable differences' is a California-style term that does not appear in the Texas Family Code.
What is the mandatory waiting period before a Texas court may grant a divorce after the original petition is filed?
Answer: 60 days
Texas Family Code §6.702 prohibits a court from granting a divorce before the 60th day after the petition was filed, absent limited exceptions.
Under Texas law, which of the following is classified as a spouse's separate property?
Answer: An inheritance received by one spouse during marriage
Texas Family Code §3.001 defines separate property to include property acquired by gift, devise, or descent, including inheritances received during marriage.
What standard does a Texas court apply when dividing community property upon divorce?
Answer: Just and right division having due regard for the rights of each party
Texas Family Code §7.001 requires courts to divide the community estate in a 'just and right' manner, which may result in an unequal split based on relevant equitable factors.
How may a finding of marital fault affect community property division in a Texas divorce?
Answer: Fault may be one factor supporting a disproportionate award to the innocent spouse
Texas courts may consider fault—such as adultery or cruel treatment—as one factor when making a just and right division of community property.
Which of the following debts is presumed to be a community debt under Texas law?
Answer: A credit card debt incurred by one spouse during marriage for household expenses
Just as property acquired during marriage is presumed community, debts incurred during marriage are presumed to be community obligations under Texas law.