Grounds for Divorce

Description: Test your knowledge about the legal grounds for divorce.
Number of Questions: 15
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Tags: divorce law family law legal grounds
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In most jurisdictions, what is the most common ground for divorce?

  1. Irreconcilable differences

  2. Adultery

  3. Cruelty

  4. Desertion


Correct Option: A
Explanation:

Irreconcilable differences, also known as no-fault divorce, is the most common ground for divorce in most jurisdictions. It allows couples to dissolve their marriage without having to prove fault on the part of either spouse.

Which of the following is NOT a ground for divorce in most jurisdictions?

  1. Incompatibility

  2. Mental illness

  3. Impotence

  4. Alcoholism


Correct Option: A
Explanation:

Incompatibility is not typically recognized as a ground for divorce in most jurisdictions. The other options, mental illness, impotence, and alcoholism, may be considered grounds for divorce in some jurisdictions, but they are not universally recognized.

What is the legal term for the act of one spouse leaving the other without the intent to return?

  1. Desertion

  2. Abandonment

  3. Separation

  4. Divorce


Correct Option: A
Explanation:

Desertion is the legal term for the act of one spouse leaving the other without the intent to return. It is a ground for divorce in many jurisdictions.

In some jurisdictions, what is the minimum period of separation required before a couple can file for divorce?

  1. 1 year

  2. 2 years

  3. 3 years

  4. 5 years


Correct Option: A
Explanation:

The minimum period of separation required before a couple can file for divorce varies by jurisdiction. In some jurisdictions, it is as short as 1 year, while in others it may be as long as 5 years.

What is the legal term for a court order that allows one spouse to live separately from the other while the divorce is pending?

  1. Restraining order

  2. Protective order

  3. Separation agreement

  4. Divorce decree


Correct Option: C
Explanation:

A separation agreement is a legal document that allows one spouse to live separately from the other while the divorce is pending. It typically includes provisions for child custody, spousal support, and property division.

Which of the following is NOT typically considered a factor in determining child custody during a divorce?

  1. The child's age

  2. The child's relationship with each parent

  3. The child's financial needs

  4. The child's religious beliefs


Correct Option: D
Explanation:

The child's religious beliefs are not typically considered a factor in determining child custody during a divorce. The other options, the child's age, relationship with each parent, and financial needs, are all typically considered relevant factors.

What is the legal term for the division of property and assets between spouses during a divorce?

  1. Property settlement

  2. Asset distribution

  3. Equitable distribution

  4. Marital dissolution


Correct Option: C
Explanation:

Equitable distribution is the legal term for the division of property and assets between spouses during a divorce. It is a process that aims to divide the marital property fairly between the spouses, taking into account factors such as each spouse's contribution to the marriage, their earning capacity, and their needs.

Which of the following is NOT typically considered a marital asset subject to equitable distribution during a divorce?

  1. Real estate

  2. Bank accounts

  3. Retirement accounts

  4. Personal belongings


Correct Option: D
Explanation:

Personal belongings are not typically considered marital assets subject to equitable distribution during a divorce. The other options, real estate, bank accounts, and retirement accounts, are all typically considered marital assets.

What is the legal term for the financial support that one spouse is required to pay to the other spouse after a divorce?

  1. Alimony

  2. Spousal support

  3. Maintenance

  4. Child support


Correct Option: A
Explanation:

Alimony, also known as spousal support or maintenance, is the legal term for the financial support that one spouse is required to pay to the other spouse after a divorce. It is typically awarded to the spouse who has a lower earning capacity or who is unable to work due to child care responsibilities or other factors.

Which of the following is NOT typically considered a factor in determining the amount of alimony awarded during a divorce?

  1. The length of the marriage

  2. The earning capacity of each spouse

  3. The standard of living during the marriage

  4. The age of the spouses


Correct Option: D
Explanation:

The age of the spouses is not typically considered a factor in determining the amount of alimony awarded during a divorce. The other options, the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage, are all typically considered relevant factors.

What is the legal term for the final decree that dissolves a marriage?

  1. Divorce decree

  2. Dissolution decree

  3. Marital dissolution decree

  4. Final decree of divorce


Correct Option: A
Explanation:

Divorce decree is the legal term for the final decree that dissolves a marriage. It is issued by a court after all of the issues related to the divorce, such as child custody, spousal support, and property division, have been resolved.

Which of the following is NOT typically included in a divorce decree?

  1. Child custody arrangements

  2. Spousal support provisions

  3. Property division terms

  4. Tax implications of the divorce


Correct Option: D
Explanation:

Tax implications of the divorce are not typically included in a divorce decree. The other options, child custody arrangements, spousal support provisions, and property division terms, are all typically included in a divorce decree.

What is the legal term for the process of changing one's name after a divorce?

  1. Name change

  2. Legal name change

  3. Post-divorce name change

  4. Marital name change


Correct Option: B
Explanation:

Legal name change is the legal term for the process of changing one's name after a divorce. It typically involves filing a petition with the court and providing proof of identity and the divorce decree.

Which of the following is NOT typically required for a legal name change after a divorce?

  1. A copy of the divorce decree

  2. A valid form of identification

  3. A fee

  4. A background check


Correct Option: D
Explanation:

A background check is not typically required for a legal name change after a divorce. The other options, a copy of the divorce decree, a valid form of identification, and a fee, are all typically required.

What is the legal term for the process of dividing retirement accounts between spouses during a divorce?

  1. QDRO

  2. Qualified domestic relations order

  3. Marital property division

  4. Retirement account distribution


Correct Option: A
Explanation:

QDRO, or qualified domestic relations order, is the legal term for the process of dividing retirement accounts between spouses during a divorce. It is a court order that instructs the retirement plan administrator to divide the account into two separate accounts, one for each spouse.

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