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CA Family Law Specialist study materials
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CA Family Law Specialist practice questions

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Question 1Family Law

In California, what is the minimum waiting period after service of the petition before a court may enter a judgment of dissolution?

  1. Thirty days from the date the response is filed
  2. One year from the date the petition was filed
  3. Six months from the date of service of the petition Correct answer.
  4. Ninety days from the date of the first court appearance

Explanation

California imposes a six-month waiting period that runs from the date the respondent is served with the summons and petition, or from the date the respondent appears, whichever occurs first. The court cannot enter judgment dissolving the marriage before that period expires, though the parties may finalize other issues earlier by bifurcation.

Question 2Family Law

Which standard governs a California court's determination of the best interest of a child in a custody dispute?

  1. The preference of the parent who filed the petition first
  2. The parents' relative financial ability to provide for the child
  3. The child's health, safety, and welfare, with particular weight on contact with both parents Correct answer.
  4. The child's academic performance compared with peers

Explanation

California Family Code section 3011 directs the court to consider the health, safety, and welfare of the child as the primary concern, including the nature and amount of contact with both parents. Financial resources and filing order are not the governing standard.

Question 3Family Law

A California couple married for twelve years separates. One spouse requests spousal support. Which factor is expressly relevant to the court's determination of the amount and duration?

  1. The marketable skills of the supported party and the goal of self-support Correct answer.
  2. The income of the supported party's adult children
  3. The number of years the parties dated before marriage
  4. The supported party's credit score at separation

Explanation

Family Code section 4320 lists factors including the marketable skills of the supported party, the goal that the supported party become self-supporting, and the marital standard of living. Courts weigh these statutory factors rather than dating history, credit scores, or adult children's income.

Question 4Family Law

In California, how is child support guideline calculated under the statewide uniform guideline?

  1. By reference to the child's pre-separation standard of living alone
  2. By awarding a flat percentage of the higher earner's gross income
  3. By dividing all household expenses equally between the parents
  4. By a formula considering each parent's net disposable income and timeshare with the child Correct answer.

Explanation

Family Code section 4055 sets a statewide uniform guideline formula that uses each parent's net disposable income, the percentage of time each parent spends with the child, and other statutory adjustments. The guideline is presumptively correct and rebuttable only on limited grounds.

Question 5Family Law

Which type of property is presumed community property in California when acquired during marriage?

  1. Property acquired before marriage and kept separate
  2. Property received by gift to one spouse during the marriage
  3. Earnings from either spouse's employment during the marriage Correct answer.
  4. An inheritance received by one spouse during the marriage

Explanation

Earnings and accumulations from employment during marriage are presumed community property under Family Code section 760. Gifts and inheritances received by one spouse during marriage are separate property, as is property owned before marriage.

Question 6Family Law

What is the primary legal effect of a California domestic violence restraining order issued after noticed hearing?

  1. It automatically transfers title to the family residence to the protected party
  2. It may include stay-away, move-out, and custody provisions enforceable by law enforcement Correct answer.
  3. It permanently terminates the parties' marital status
  4. It waives all future child support obligations of the restrained party

Explanation

A domestic violence restraining order under Family Code section 6340 may enjoin contact, order the restrained party to move out, and include custody and support provisions. It does not transfer title, dissolve the marriage, or waive support.

Question 7Family Law

In California, a premarital agreement regarding property and spousal support is enforceable without consideration if it meets which requirement?

  1. It is notarized and witnessed by two adults
  2. It is filed with the county recorder
  3. It is approved by the court before marriage
  4. It is in writing and signed by both parties Correct answer.

Explanation

The Uniform Premarital Agreement Act as adopted in California requires the agreement to be in writing and signed by both parties; no consideration is required. Notarization, witnesses, court approval, and recording are not statutory prerequisites.

Question 8Family Law

A California parent seeks to move away with the child over the other parent's objection. What standard generally applies when the parents share joint custody?

  1. The moving parent must show a change of circumstances beyond the move itself
  2. The moving parent must show the move is in the child's best interest Correct answer.
  3. The court must deny the move absent the objecting parent's consent
  4. The objecting parent must prove the move is frivolous

Explanation

Under the leading California case law, when parents share joint custody, the parent seeking to relocate bears the burden of showing that the move is in the child's best interest. The change-of-circumstances standard generally applies where one parent already has sole custody.

Question 9Family Law

A California judgment dissolving marriage must include which of the following to be complete?

  1. A termination of marital status and a division of the parties' property and obligations Correct answer.
  2. A notarized reconciliation certificate
  3. A statement of the parties' religious affiliations
  4. A waiver of all future modifications

Explanation

A judgment of dissolution must address marital status, property division, and support obligations to fully resolve the case. Religious affiliation, reconciliation certificates, and waivers of modification are not required elements.

Question 10Family Law

A spouse in California hides community assets during dissolution. What remedy may the court impose?

  1. Refer the matter to arbitration automatically
  2. Award the aggrieved spouse a greater share of the undisclosed assets Correct answer.
  3. Dismiss the petition for lack of jurisdiction
  4. Convert all community property to separate property

Explanation

Family Code section 1101 gives the court authority to award the aggrieved spouse a disproportionate share of undisclosed or misappropriated community assets, among other remedies. Dismissal, automatic arbitration, and wholesale conversion are not statutory remedies.

Question 11Family Law

In California, what is required before a court may order a parent's wages withheld for child support?

  1. A support order or judgment establishing the obligation Correct answer.
  2. A criminal conviction for nonsupport
  3. A unanimous agreement of both parents
  4. A showing that the parent has left the state

Explanation

Wage assignment for child support is authorized once a support order or judgment establishes the obligation. Criminal conviction, out-of-state flight, and parental agreement are not prerequisites.

Question 12Family Law

A California court is asked to enforce a sister-state child custody order. Which statute generally governs?

  1. The Hague Service Convention
  2. The Federal Arbitration Act
  3. The Uniform Child Custody Jurisdiction and Enforcement Act Correct answer.
  4. The Uniform Commercial Code

Explanation

The UCCJEA, adopted in California, governs jurisdiction and enforcement of child custody determinations among states. The UCC, FAA, and Hague Service Convention address unrelated subject matter.

Question 13Family Law

A California spouse claims reimbursement for separate funds used to improve community real property. What is the general rule?

  1. The community automatically owns the entire property
  2. The separate estate may be reimbursed for the contribution absent a contrary agreement Correct answer.
  3. The separate estate is never reimbursed for improvements
  4. The reimbursement is limited to the property's purchase price

Explanation

Under the Family Code, a party who contributes separate funds to community property generally is entitled to reimbursement for the contribution, absent a written agreement to the contrary. The community does not automatically own the whole property, and reimbursement is not limited to purchase price.

Question 14Family Law

A California parent fails to pay court-ordered child support. Which enforcement tool is available?

  1. Conversion of the support order into a custody order
  2. A motion for contempt and an order to show cause Correct answer.
  3. Referral to small claims court
  4. Automatic termination of parental rights

Explanation

Courts may enforce child support through contempt proceedings, orders to show cause, wage assignment, and other remedies. Parental rights are not automatically terminated, and small claims court is not the proper forum.

Question 15Family Law

What does California law require regarding a child's preference in a custody determination?

  1. Only a preference expressed in writing counts
  2. The court must consider a mature child's preference if it is reasonable Correct answer.
  3. A child's preference is irrelevant to custody
  4. The court must follow any child's stated preference

Explanation

Family Code section 3042 allows the court to consider the wishes of a child of sufficient age and maturity, and the preference must be weighed for reasonableness. It is not binding, not irrelevant, and not limited to written statements.

Question 16Family Law

A California spouse wants to set aside a marital settlement agreement for fraud. What must generally be shown?

  1. A later decline in the spouse's income
  2. Actual fraud or misrepresentation that induced assent to the agreement Correct answer.
  3. Disagreement by extended family members
  4. A mere change of heart about the terms

Explanation

Marital settlement agreements may be set aside for actual fraud, misrepresentation, or other grounds that undermine consent. A change of heart, later income changes, or family disagreement are not sufficient grounds.

Question 17Family Law

In California, what is the effect of a spouse's date of separation on community property?

  1. All property acquired after marriage remains community regardless of separation
  2. The date of separation is irrelevant to property division
  3. Separation automatically voids the marriage
  4. Earnings and accumulations after the date of separation are generally separate property Correct answer.

Explanation

Under Family Code section 771, earnings and accumulations after the date of separation are the separate property of the spouse who earned them. The date is therefore significant to characterizing property, though it does not itself dissolve the marriage.

Question 18Family Law

A California court considers a request to modify a prior custody order. What threshold showing generally must the moving party make?

  1. That the moving parent now earns more income
  2. That the other parent has since relocated
  3. That the child has changed schools
  4. A significant change of circumstances since the prior order Correct answer.

Explanation

California courts generally require a showing of a significant change of circumstances before modifying an existing custody order, to promote stability for the child. Relocation, school changes, or increased income alone do not automatically satisfy that threshold.

Question 19Family Law

Under California law, how are separate property debts generally allocated on dissolution?

  1. Each spouse is generally responsible for debts incurred for their own separate property Correct answer.
  2. Separate debts become community obligations on separation
  3. Separate debts are always divided equally
  4. Separate debts are assigned to the spouse with higher income

Explanation

Debts incurred for the acquisition of separate property are generally the separate obligation of the owning spouse. Equal division, automatic conversion to community debt, and income-based assignment are not the governing rules.

Question 20Family Law

A California parent paying support seeks a downward modification based on reduced income. What must the parent generally show?

  1. A material change of circumstances not caused by the parent's own bad faith Correct answer.
  2. That the support order is more than one year old
  3. That the other parent has remarried
  4. That the child has reached a certain grade in school

Explanation

Modification of support requires a material change of circumstances, and a voluntary reduction in income or bad-faith underemployment will not justify a reduction. Remarriage of the other parent, school grade, or the age of the order alone are not the test.

Question 21Family Law

In California, what is required for a valid waiver of spousal support in a marital settlement agreement?

  1. The waiver is implied if support is not mentioned
  2. The waiver must be approved by the child's school
  3. The waiver must be knowing and voluntary and expressly stated Correct answer.
  4. The waiver must be recorded with the county

Explanation

A waiver of spousal support must be knowing, voluntary, and expressly set forth; silence does not waive support. School approval and county recording are not requirements.

Question 22Family Law

A California court is asked to recognize a foreign country's divorce. Which principle generally guides recognition?

  1. Recognition only if the foreign court applied California law
  2. Comity, subject to due process and public policy limits Correct answer.
  3. Mandatory rejection of all foreign judgments
  4. Automatic recognition without any review

Explanation

California courts generally recognize foreign judgments under principles of comity, provided the foreign proceeding afforded due process and the result does not offend public policy. Recognition is not automatic, not universally rejected, and does not require application of California law.

Question 23Family Law

A California court orders a parent to attend a parenting class in a contested custody case. What is the legal basis?

  1. The court's authority to order counseling or education to serve the child's best interest Correct answer.
  2. A federal mandate applicable to all custody cases
  3. A requirement that both parents consent in writing
  4. A rule that applies only if domestic violence is alleged

Explanation

Courts have authority to order parents to participate in counseling or educational programs when consistent with the child's best interest. Consent, federal mandate, and a domestic violence allegation are not prerequisites.

Question 24Family Law

A California spouse claims a community interest in a business operated during marriage. What principle generally applies?

  1. The business is automatically the separate property of the operating spouse
  2. The business must be sold in every dissolution
  3. The business value is determined solely by its original purchase price
  4. The community may be entitled to reimbursement or a share of the increase in value attributable to community effort Correct answer.

Explanation

Under California community property principles, the community may acquire an interest in a separate business to the extent its value increased due to community labor, with reimbursement for community contributions. Automatic separate ownership, mandatory sale, and original purchase price alone are incorrect.

Question 25Family Law

A California court issues a protective order in a domestic violence case. What is the general duration of a restraining order after a noticed hearing?

  1. It expires automatically when the parties reconcile
  2. It lasts until the next hearing in all cases
  3. It lasts only thirty days
  4. It may last up to five years and be renewed Correct answer.

Explanation

A domestic violence restraining order issued after notice and hearing may be ordered for up to five years and may be renewed upon request. Thirty-day limits, automatic expiration at the next hearing, and automatic expiration upon reconciliation are incorrect.

Question 26Family Law

In California, which of the following is a requirement for a valid marriage license?

  1. The parties must have a witness present at the time of application.
  2. The parties must obtain a blood test before the license is issued.
  3. Both parties must be at least 18 years old without exception.
  4. The parties must appear together in person before the county clerk or authorized deputy. Correct answer.

Explanation

California requires both parties to appear together in person before the county clerk or an authorized deputy to apply for a marriage license. There is no blood test requirement, and minors may obtain a license under certain conditions with court approval and parental consent, so age 18 is not an absolute requirement. A witness is not required at the license application stage.

Question 27Family Law

Under California law, what is the minimum age at which a person may marry without parental consent and court approval?

  1. 21
  2. 18 Correct answer.
  3. 16
  4. 17

Explanation

California law sets the age of majority for marriage at 18. A person under 18 may marry only with parental consent and a court order, and additional restrictions apply to those under 16. The other ages listed are not the threshold for independent marriage.

Question 28Family Law

In California, which of the following is a ground for dissolution of marriage based on the parties' irreconcilable differences?

  1. One party has been convicted of a felony.
  2. The parties have experienced irreconcilable differences that have caused the irremediable breakdown of the marriage. Correct answer.
  3. One party has committed adultery.
  4. The parties have lived apart for at least six months.

Explanation

California is a no-fault divorce state, and the only ground for dissolution is irreconcilable differences that have caused an irremediable breakdown of the marriage. Fault-based grounds such as adultery or felony conviction are not grounds for dissolution, though they may be relevant to other issues. Living apart for six months is not a ground, although it may satisfy the residency requirement for filing.

Question 29Family Law

A California resident wants to file for dissolution of marriage. What is the minimum residency requirement before filing?

  1. The petitioner must have resided in California for at least three months and in the county for at least six months.
  2. The petitioner must have resided in California for at least six months and in the county for at least three months. Correct answer.
  3. The petitioner must have resided in California for at least one year.
  4. There is no residency requirement to file in California.

Explanation

California requires the petitioner to have been a resident of the state for at least six months and of the county for at least three months immediately preceding the filing. These requirements ensure the court has jurisdiction over the marital status. The other options misstate the duration or county requirements.

Question 30Family Law

In California, what is the legal standard for a court to order spousal support?

  1. Spousal support is available only if the parties were married for at least ten years.
  2. The supported spouse must prove the other spouse committed a fault that caused the breakdown.
  3. The court considers factors including the marital standard of living, earning capacity, and needs of the parties. Correct answer.
  4. Spousal support is mandatory in every dissolution where one spouse earns more.

Explanation

California courts have broad discretion to award spousal support based on a list of statutory factors, including the marital standard of living, each party's earning capacity, needs, and contributions to the marriage. Fault is not a required basis, and support is not automatic or limited to long marriages. The court must consider the statutory factors and the circumstances of each case.

Question 31Family Law

Under California law, how is child support calculated?

  1. The court sets support at a flat percentage of the noncustodial parent's income.
  2. The court may order any amount it deems reasonable without a formula.
  3. The court must order support equal to the amount the child would have received if the parents had stayed married.
  4. The court uses a mandatory guideline formula based on the parents' incomes and time-sharing. Correct answer.

Explanation

California uses a statewide uniform guideline formula for child support, codified in Family Code section 4055, which considers each parent's net disposable income, the percentage of time each parent spends with the child, and other factors. The guideline is presumptively correct, and deviations require specific findings. Flat percentages or unguided discretion are not the legal standard.

Question 32Family Law

In California, which of the following best describes the legal standard for obtaining a domestic violence restraining order?

  1. The petitioner must show the respondent has a criminal history of violence.
  2. The petitioner must prove the respondent committed a crime.
  3. The petitioner must show by a preponderance of the evidence that abuse occurred and a protective order is necessary. Correct answer.
  4. The petitioner must show clear and convincing evidence of physical injury.

Explanation

A domestic violence restraining order requires proof by a preponderance of the evidence that the respondent committed abuse as defined by the Domestic Violence Prevention Act and that an order is necessary to prevent future abuse. A criminal conviction or prior history is not required. The clear and convincing standard applies to other proceedings, not this one.

Question 33Family Law

In California, what is the primary purpose of a child custody mediation under Family Code section 3170?

  1. To evaluate the fitness of each parent for trial.
  2. To determine the amount of child support.
  3. To provide the court with a recommendation on custody and visitation.
  4. To help the parents reach an agreement regarding custody and visitation. Correct answer.

Explanation

Child custody mediation in California is intended to help parents resolve custody and visitation disputes by reaching their own agreement, reducing adversarial litigation. The mediator may make a recommendation if the parties do not agree, but that is not the primary purpose. Mediation is not a fitness evaluation or a child support determination.

Question 34Family Law

Under California law, what is the legal effect of a marital settlement agreement that is incorporated into a dissolution judgment?

  1. It is merged into the judgment and may be enforced as a court order. Correct answer.
  2. It is automatically void unless approved by the court after a hearing.
  3. It has no effect on spousal support obligations.
  4. It remains a private contract enforceable only by a separate breach of contract action.

Explanation

When a marital settlement agreement is incorporated into the dissolution judgment, it is merged into the judgment and becomes enforceable as a court order. The parties may also choose to have the agreement survive the judgment, preserving its independent contractual nature. Merger is the default unless the parties specify survival.

Question 35Family Law

In California, what is the community property presumption regarding property acquired during marriage?

  1. Property acquired during marriage is presumed to be community property. Correct answer.
  2. Property acquired during marriage is presumed to be separate property.
  3. Property acquired during marriage is presumed to be held in joint tenancy.
  4. Property acquired during marriage is presumed to be the separate property of the spouse who earned the funds.

Explanation

California Family Code section 760 creates a presumption that all property acquired during marriage while domiciled in California is community property. The party claiming separate property bears the burden of rebutting this presumption by tracing the source of funds. The other options misstate the presumption or the burden.

Question 36Family Law

A spouse uses separate funds to make the down payment on a family residence titled in both names during marriage. Under California law, what is the general rule regarding reimbursement?

  1. The spouse is entitled to reimbursement only if the parties divorce within five years.
  2. The spouse is not entitled to any reimbursement because title is in both names.
  3. The spouse is entitled to reimbursement for the separate contribution, but the community may be entitled to offset for community contributions. Correct answer.
  4. The spouse is entitled to full reimbursement without any offset.

Explanation

Under the Family Code, a spouse who contributes separate funds to acquire community property is generally entitled to reimbursement for the separate contribution, unless the parties have agreed otherwise. However, the community may have offset rights for community funds used to improve the property or pay down the mortgage. Title in both names does not automatically defeat the reimbursement claim.

Question 37Family Law

In California, how does the court determine the date of separation for purposes of characterizing property?

  1. The date the parties physically separate and intend to end the marriage permanently. Correct answer.
  2. The date one spouse files for dissolution.
  3. The date the parties stop living together, regardless of intent.
  4. The date the court enters judgment.

Explanation

California law defines the date of separation as the date the parties have a complete and final break in the marital relationship, evidenced by physical separation and the intent to end the marriage permanently. Filing for dissolution or entry of judgment may occur later and does not control. Mere physical absence without intent is insufficient.

Question 38Family Law

A California court is considering a request to modify a prior child custody order. What must the moving parent generally show?

  1. The other parent has violated a court order.
  2. A substantial change in circumstances affecting the child's welfare. Correct answer.
  3. The moving parent has a higher income.
  4. The child prefers to live with the moving parent.

Explanation

To modify a custody order, the moving party must generally show a substantial change in circumstances that affects the child's welfare, unless the modification is based on the best interest of the child in an initial custody determination. A violation of an order or a child's preference may be relevant but is not the threshold showing. Income alone is not a basis for custody modification.

Question 39Family Law

Under California law, what is the effect of a spouse's failure to disclose a community asset during dissolution?

  1. The court may set aside the judgment or award the undisclosed asset to the other spouse. Correct answer.
  2. The asset is automatically awarded to the disclosing spouse.
  3. The failure has no effect if the asset is worth less than $5,000.
  4. The asset is deemed separate property of the spouse who failed to disclose.

Explanation

California law imposes fiduciary duties of disclosure on spouses during dissolution. If a spouse fails to disclose a community asset, the court may set aside the judgment or award the asset to the other spouse, and may impose other remedies. The asset is not automatically awarded to the disclosing spouse, nor does a small-value exception apply.

Question 40Family Law

In California, what is required for a premarital agreement to be enforceable regarding spousal support?

  1. The agreement must be signed by both parties and notarized.
  2. The agreement must provide for at least minimal spousal support.
  3. The agreement must be approved by a judge before marriage.
  4. The agreement must be in writing, signed by both parties, and not unconscionable when enforced. Correct answer.

Explanation

California's Uniform Premarital Agreement Act requires a premarital agreement to be in writing and signed by both parties. It is enforceable unless it is unconscionable when enforced and other conditions are met, such as lack of fair disclosure. Notarization or judicial approval before marriage is not required, and the parties may waive spousal support entirely.

Question 41Family Law

A California court is asked to enforce a child support order from another state. Which statute generally governs?

  1. The Parental Kidnapping Prevention Act (PKPA).
  2. The Hague Convention on Child Abduction.
  3. The Full Faith and Credit Clause of the U.S. Constitution.
  4. The Uniform Interstate Family Support Act (UIFSA). Correct answer.

Explanation

UIFSA, adopted in California, governs the establishment, enforcement, and modification of interstate child support orders. The PKPA addresses custody and visitation jurisdiction, while the Hague Convention addresses international child abduction. The Full Faith and Credit Clause is a constitutional principle but UIFSA provides the specific statutory framework.

Question 42Family Law

In California, what is the standard for a court to award attorney fees in a dissolution action?

  1. The court must award fees to the lower-earning spouse in every case.
  2. The court may award fees based on the parties' respective needs and ability to pay. Correct answer.
  3. The court may award fees only if the parties have a written agreement.
  4. The court may award fees only if one party has committed misconduct.

Explanation

California Family Code section 2030 allows the court to award attorney fees and costs in a dissolution or support proceeding based on the needs of one party and the ability of the other to pay. The purpose is to ensure that each party has access to legal representation. Fees are not automatic, nor are they limited to cases of misconduct or written agreement.

Question 43Family Law

Under California law, how is a community property business valued upon dissolution?

  1. The business is valued at the amount of the initial investment.
  2. The business is valued at fair market value, considering goodwill if applicable. Correct answer.
  3. The business is valued at its book value only.
  4. The business is valued at the owner's salary multiplied by five.

Explanation

California courts value community property businesses at fair market value, which may include goodwill, whether enterprise or personal. Book value or initial investment alone may not reflect the true value. There is no fixed multiplier rule based on salary.

Question 44Family Law

In California, what is the effect of a spouse's commingling of separate and community funds in a bank account?

  1. The account becomes the separate property of the spouse who opened it.
  2. The funds are divided equally regardless of source.
  3. The spouse may trace and recover separate funds if the tracing is possible. Correct answer.
  4. The entire account becomes community property.

Explanation

When separate and community funds are commingled, the spouse claiming separate property may trace the separate contribution and recover it if tracing is possible. If tracing is not possible, the account may be treated as community property. The mere act of commingling does not automatically convert all funds to community property if tracing is feasible.

Question 45Family Law

A California court is asked to recognize a divorce obtained in a foreign country. Which principle generally guides recognition?

  1. The foreign divorce is recognized only if both parties were present in the foreign country.
  2. The foreign divorce is recognized if it is valid under the law of the country where it was obtained and meets due process standards. Correct answer.
  3. The foreign divorce is recognized only if it is consistent with California law.
  4. The foreign divorce is never recognized in California.

Explanation

California generally recognizes a foreign divorce if it was valid under the law of the jurisdiction where it was obtained and the parties received notice and an opportunity to be heard. The full faith and credit clause does not apply to foreign countries, but comity principles guide recognition. Physical presence of both parties is not required, and the foreign decree need not mirror California law.

Question 46Family Law

In California, what is the legal basis for a court to order a parent to attend a parenting class in a contested custody case?

  1. The court's inherent authority to educate parents.
  2. The Uniform Child Custody Jurisdiction and Enforcement Act.
  3. The Domestic Violence Prevention Act.
  4. Family Code section 3190, which allows the court to require participation in a parenting program. Correct answer.

Explanation

Family Code section 3190 permits the court to require parents to participate in a parenting program in a contested custody or visitation proceeding. The program is intended to educate parents about the impact of conflict on children. The UCCJEA addresses jurisdiction, and the DVPA addresses protective orders, not parenting classes.

Question 47Family Law

In California, what is the general duration of a domestic violence restraining order issued after a noticed hearing?

  1. The order may last up to five years and may be renewed. Correct answer.
  2. The order lasts for one year and cannot be renewed.
  3. The order lasts indefinitely without further review.
  4. The order lasts for six months unless renewed.

Explanation

A domestic violence restraining order issued after a noticed hearing may be ordered for a duration of up to five years. The order may be renewed upon a showing of continued need. A six-month or one-year limit does not reflect the statutory maximum, and the order is not indefinite without renewal.

Question 48Family Law

A California spouse seeks to enforce a spousal support order from another state. Which constitutional principle generally requires California to give effect to the sister-state judgment?

  1. The Equal Protection Clause.
  2. The Supremacy Clause.
  3. The Due Process Clause.
  4. The Full Faith and Credit Clause. Correct answer.

Explanation

The Full Faith and Credit Clause of the U.S. Constitution generally requires California to recognize and enforce a valid final judgment from a sister state, including spousal support orders, subject to certain exceptions. The Due Process and Equal Protection Clauses address different constitutional protections, and the Supremacy Clause addresses federal law.

Question 49Family Law

In California, what is the effect of a spouse's bankruptcy on a community property debt?

  1. The bankruptcy automatically converts the debt to separate property.
  2. The bankruptcy discharge eliminates all community property debts.
  3. The bankruptcy has no effect on community property debts.
  4. The discharge may eliminate the debtor spouse's personal liability, but the community property may remain liable if the debt is a community debt. Correct answer.

Explanation

A bankruptcy discharge may eliminate a spouse's personal liability for a debt, but if the debt is a community debt, the community property may still be liable. The discharge does not automatically eliminate all community debts or convert them to separate property. The analysis depends on the nature of the debt and the bankruptcy proceedings.

Question 50Family Law

A California court is considering a request for a move-away order. Which standard generally applies when the moving parent has sole physical custody and the nonmoving parent opposes the move?

  1. The nonmoving parent must show that the move would be detrimental to the child.
  2. The moving parent must show a substantial change in circumstances.
  3. The moving parent must show that the move is in the child's best interest. Correct answer.
  4. The moving parent must show that the move is necessary for employment.

Explanation

Under California law, when a parent with sole physical custody seeks to move away, the court applies the best interest standard, considering factors such as the child's stability, the reasons for the move, and the impact on the relationship with the nonmoving parent. A substantial change in circumstances is not required in this context. The nonmoving parent does not bear the burden of showing detriment.