National Paralegal College
 
DOMESTIC RELATIONS & IMMIGRATION LAW Exam

Answer Choice 1 Answer Choice 2 Answer Choice 3 Answer Choice 4 Selected Answer
Question 1:  Taylor and Robert live in Texas (for this question assume Texas has adopted DOMA). They were very excited when they heard to Massachusetts would soon be performing same sex marriages. So, they traveled to Boston to obtain a marriage license and get married. Since Taylor’s family is from Massachusetts, they were able to use their address on the marriage license. Subsequently, they returned to their home in Dallas. How will Texas view their union?
Not recognize the union for any purpose
Recognize the union under comity
Not recognize the union for tax purposes
Recognize the union under full faith and credit

Question 2:  Ethel has been dating Floyd for six years. Recently, they had their second child together. Floyd proudly put his name on the birth certificate. Two months after she brings the baby home, Ethel feels overwhelmed by the demands of raising a second child on her limited income. Floyd pays very little support. In fact, he spends most of his free time drinking with his high school buddies. Accordingly, she would like to give the child up for adoption. Before the child can be legally adopted, whose consent is necessary?
Ethel’s consent
Neither Ethel or Floyd’s consent
Both Ethel and Floyd’s consent
Floyd’s consent

Question 3:  Jessica is 22 years old. She had her first child at 16 and is pregnant again—with twins. She knows she’s not capable of raising two more children as a single mother. She wants to give the twins up for adoption. What’s the first step in this process?
Get her parents’ consent
Voluntary termination of parental rights
Involuntary termination of parental rights
Locate adoptive parents

Question 4:  Barbara and her husband, Nelson, have been trying to conceive on their own for two years. New they’re ready to try artificial insemination. Nelson is concerned about whether he will be considered the father of any child conceived as a result of the artificial insemination. They ask you to research the issue. Who will be considered the child’s father?
Both Nelson and the sperm donor, jointly and severally
Nelson, only if he adopts the child
The sperm donor
Nelson

Question 5:  Jesse and his wife, Julia, have been married for two years. They have no children. They have not been getting along lately. Jesse is tired of all the fighting and wants a divorce as soon as possible. He sees an ad in a magazine about a “quickie” Mexican divorce. He sends away for the kit. He completes the paperwork, sends it to Mexico and three weeks later he has a divorce decree. How will his home state view the divorce decree?
Recognize it under comity
Recognize it under full faith and credit
none of these choices are accurate
Recognize it if he files the decree with the local city clerk

Question 6:  Harvey and Jada live in California, a community property state. Before they got married five years ago, Jada already owned a condo, where they still live. During the course of their marriage, Harvey was the primary breadwinner. Jada initially stayed at home with their son until he went to preschool, then she got a part-time job. In addition, Harvey recently received an inheritance from his grandfather. Which of their assets is considered community property?
Harvey’s inheritance
The condo
Harvey’s salary
none of these

Question 7:  Which of the following IS NOT a requirement of marriage in most states?
Competency
Mutual present agreement to marry
Dowry
Opposite gender

Question 8:  Tina and her boyfriend, Chuck, are both 17 years old. They want to get married. What is the MOST important item they will need to obtain before they can get married?
Parental consent
Marriage license
Wedding rings
Birth certificate

Question 9:  Fred works as a paralegal in a small law firm. He was assigned to find out the rules about getting married in his jurisdiction. Which of the following is the primary source of authority governing domestic relations issues?
Federal Law
State statutes
Common law
City ordinances

Question 10:  Margaret is in the process of getting married. She comes from a very wealthy family. Her fiancé is an up-and-coming painter who has very little money. What document should she have him sign to protect her financial interests?
Cohabitation agreement
Postnuptial agreement
Prenuptial agreement
Separation agreement

Question 11:  Philip and Federica have been married for 10 years. Recently, Federica discovered that Philip has been having an affair with his secretary. In retaliation, she had an affair with one of Philip’s cousins. They live in a state that only recognizes fault divorce. When the court hears about both parties’ adulterous activities, it will do what?
Bar the divorce on the basis of recrimination
Bar the divorce on the basis of collusion
Grant the divorce on the ground of connivance
Grant the divorce on the ground of adultery

Question 12:  Dolores traveled to Reno, NV with a group of friends for the long Memorial weekend. While there, they did a lot of gambling and drinking. One night, Dolores met a handsome man in the casino. They made the rounds to several casinos, partaking in the free drinks at every stop. When she woke up the next morning, she discovered she had married this man. What is the best way to untie the knot?
Annulment
Bilateral divorce
Ex parte divorce
Separation agreement

Question 13:  Which of the following IS NOT a typical ground for an annulment?
Duress
Mental incapacity
Fraud
Misrepresentations regarding wealth

Question 14:  Iris and Manual are in the process of getting divorced. Before they got married, Manual worked as an executive for a catering company. After they had their first child, Manual decided to stay home to raise the baby. Iris continued to work as a vice president at a public relations firm. When the judge decides who is entitled to alimony, what factors will be considered?
All of these factors should be considered
Age of the parties
Earning capacity of the parties
Health of the parties

Question 15:  Under what doctrine is a common law marriage valid in Colorado recognized in most other states?
Full faith and credit
Uniform Premarital Agreement Act
Defense of Marriage Act
Comity

Question 16:  Karen and Aaron are in the process of separating. Although they have three children together, they were never married. In addition, Karen has another child from a previous relationship. Aaron has been supporting all four children as his own throughout their 12-year relationship. How will the judge award custody of the children?
Aaron will entitled to a hearing to determine whether he should be awarded full custody
None of these is correct
Karen will presumptively be considered the best parent and awarded full custody
The judge will toss a coin to determine who should be awarded full custody
 Essay Question:   Marjorie and her husband, Ted have been estranged for two years. In fact, Ted recently moved to another state. Marjorie has a new boyfriend and she wants to marry him. As such, she wants to get a divorce from Ted as quickly as possible. She lives in a state that recognizes both fault and no-fault divorce. For no-fault divorce, the waiting period or period of living separately is 36 months. Fault divorce takes about six months, and the grounds recognized are: adultery, cruel and inhuman treatment and abandonment. She comes to you for advice on what she should do. Write a memo to her, answering the following questions:

(1) which option (fault or no-fault) is the best choice for her? In your answer, explain the pros/cons and requirements for both and determine if she meets the requirements.

(2) How can she get jurisdiction over Ted for the divorce proceeding? In your answer discuss the different types of jurisdiction over the parties, which one applies to her and why.

 
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