Practice Midterm Family Law Spring 2018

There are only eight questions. Key to be posted in two weeks.

1. Where common law marriage (marriage without a marriage license) is valid, it can be formed by

a. religious ceremony and recordation pursuant to church practices

b. civil ceremony 

c. cohabitation alone is sufficient  

d. cohabitation plus visible expression of intent to be married

e. none of the above

2. Which of the following is NOT grounds for annulment of a marriage?

a. fraud in the inducement, if the parities consummated the marriage before learning of the fraud

b. coercion, if the father of the bride actually brought a shotgun to the wedding to induce the groom to marry

c. bigamy, if the non-bigamous spouse knew of the bigamy at the time of marriage

d. the parties were born of the same sex

e. all of the above are grounds for annulment of a marriage

3. Which of the following is not required to obtain a dissolution of marriage in Florida?

a. filing of a petition for dissolution of marriage

b. the petition alleges either party has resided in Florida for six months preceding the filing of the case

c. the petition alleges the marriage is irretrievably broken due to adultery, cruelty, or “indulgence in violent and ungovernable temper”

d. the petition alleges the marriage is irretrievably broken or that one party has been mentally incapacitated for at least three years

e. the petition is accompanied by the required filing fee

4. In Florida, an existing legal father status—and hence child support obligation—may be disestablished by:

a. obtaining a DNA test showing the child is not the biological offspring of the person holding legal father status

b. a judgment of dissolution of marriage incorporating a stipulation that the person holding legal father status is not the father of the child

c. obtaining the affidavit of the mother that the person holding legal father status is not the biological father of the child

d. a judicial determination that recognition of the mother’s new husband as the legal father would be in the best interests of the child

e. none of the above are sufficient to disestablish legal father status.   

5. Under Florida law, grandparents of a child can obtain enforceable visitation rights to spend time with the child-

a. by proving grandparent status, if one of the parents is dead

b. by proving grandparent visitation is in the best interests of the child, whether or not any parent is dead

c. by proving the surviving parent is detrimental to the child, when one of the parents is dead

d. by adopting the child, if both parents consent or are dead

e. none of the above

6.  Florida courts have jurisdiction over the initial custody decision regarding a specific child when- 

a. The child is physically present in Florida

b. The child resides in Florida and is a United States citizen

c. The child is enrolled in any school in Florida

d. The child has resided in Florida for the six months preceding the filing of any custody action

e. The court determines Florida is the child’s “usual and permanent centre of interest."

7.  Persons may exercise custody over a child without being the child’s parent when-

a. they obtain an order of temporary custody under chapter 751

b. they obtain a power of attorney from the natural parents

c. they obtain a final judgment of adoption of the child

d. they sue for custody, asserting it is in the child’s best interests

e. never

8.   The modern view of prenuptial agreements holds-

a. they should be enforced like any other contract, with no special rules or limits

b. they should be enforced like any other contract, subject to limits upon which rights the contract can affect

c. they should be enforced like any other contract, with special rules regarding formation that determining whether the contract can be set aside

d. they are not enforceable since agreements to facilitate divorce are contrary to public policy

e. answers b. and c. are both correct.