Family Law
Family Law
The NextGen bar exam tests marriage, divorce, property division, support, custody, parentage, and adoption. Questions often require applying the best-interests standard and interstate custody rules to a family dispute.
Core rules
- Marriage: license, solemnization, capacity, and the limits of common-law marriage.
- Divorce: grounds; property division by equitable distribution or community property; premarital agreements.
- Support: child support guidelines; spousal support factors; modification requires a substantial change in circumstances.
- Custody: best interests of the child; legal and physical custody; parenting plans; relocation.
- UCCJEA: home-state jurisdiction; continuing exclusive jurisdiction; emergency jurisdiction.
- Parentage and adoption: presumptions, voluntary acknowledgment, termination of parental rights.
Worked example
Mother and child live in Idaho for six months. Father lives in California and files for custody there. Under the UCCJEA, the home state is where the child lived with a parent for at least six consecutive months immediately before the proceeding. Idaho is the home state, so California lacks home-state jurisdiction unless emergency jurisdiction applies or no other state qualifies. The Idaho court has jurisdiction.
Traps
Do not confuse equitable distribution with community property. The best-interests standard is not a fault standard. UCCJEA jurisdiction is not the same as personal jurisdiction over a parent. Modification of support or custody requires a substantial change, not mere disagreement.