1 points

QUESTION 26

• Jack and Jill lived together in Richland County. Jack moved out of the marital home and moved into an apartment located in Richland County. Jill works at the Hospital located in Lexington County. She will be filing her divorce action without an attorney. To save time having to travel to court, she files the action in Lexington County. The Lexington Court is the proper venue for the case. True False

1 points

QUESTION 27

• In South Carolina, a spouse can seek divorce on the grounds of "irreconcilable differences" if they are separated. True False

1 points

QUESTION 28

• Jack owned a 1974 Harley Davidson motorcycle prior to his marriage to Jill. No improvements have been made to the motorcycle and Jack used it for his own pleasure riding.After being married for 10 years, Jill files for divorce and wants the court to grant equitable distribution of property, including the motorcycle. The Court should not consider the motorcycle as a marital asset despite that they have been married for 10 years. True False

1 points

QUESTION 29

• In order to obtain a divorce on the ground for desertion, the spouse must not have cohabitated for one year prior to the Complaint. True False

1 points

QUESTION 30

• Unlike other states, a finding of adultery in S.C. will not bar alimony. True False

1 points

QUESTION 31

• Jack and Jill decide to get a divorce. A friend tells them that they need to separate for a year in order to get a no fault divorce. Money is tight, so Jack moves into a garage apartment that is in the back yard of their1 acre lot in order to save money. After a year of living in the mobile home, Jack files for divorce. The court should grant Jack and Jill a divorce on the grounds of living separate and apart for a year prior to the filing of the Complaint. True False

1 points

QUESTION 32

• Bill and Sue wanted to get divorce immediately. The fastest way for them was to have Bill file a Complaint on the grounds of adultery and alleging Sue had been carrying on a sexual affair with an old neighbor. Although not true, Sue filed an answer admitting the adultery in order to get divorced from Bill as soon as possible. The court should grant the divorce on the grounds of adultery. True False

1 points

QUESTION 33

• If undisputed, the court can grant a divorce based upon the grounds of habitual drunkenness within 30 days after the filing of Jack's answer. True False

1 points

QUESTION 34

• Jack and Jill each retained lawyers in advance of a divorce complaint being filed. Jack filed the complaint. Instead of having the Summons and Complaint served on Jill, Jill's attorney agreed to accept service. Service of the pleadings on Jill's attorney is valid service. True False

1 points

QUESTION 35

• By 1990, Tom and Jane have been married for 5 years. That same year, Jane finds out that Tom has committed adultery and, after admitting the truth of it, Tom leaves the home. After several months and counseling, Tom moves back home and Jane and Tom resume full marital relationships. In 1996, Tom moves out of the house. One year later, Tom seeks a divorce on the grounds on living separate and apart for one-year which is not disputed. However, Jane answers the Complaint and files a counterclaim for a divorce from Tom on the grounds of the adultery committed in 1990. Jane's counterclaim will dismiss due to the legal defense of reconciliation. True False

1 points

QUESTION 36

• Tom separates from Sue and moves out of the marital home to a condo across town. Three months later, Tom and Sue meet at Tom's condo to discuss their marriage over a bottle of wine. The discussions run long and Sue falls asleep on Tom's couch overnight. A year after moving out, Tom files for divorce on the grounds of living separate and apart. The Court was correct in finding that the parties were not entitled to a no fault divorce for living separate and apart. True False

1 points

QUESTION 37

• Parties to a domestic action must file and serve a Financial Statement by the date of the first hearing or 45 days after the Complaint is served. True False

1 points

QUESTION 38

• Susan and John are getting divorce after 15 years of marriage. John has produced his Financial Statement at the Temporary hearing. Immediately after getting married to Susan John purchased and received 100 shares of Apple Computer stocks when they were just a startup company. This stock was not listed on the Financial Statement. Susan's attorney should use Requests for Production as the least expensive means of getting a copy of the stock certificates in John's possession. True False

1 points

QUESTION 39

• In considering a spouse's health or disability as a factor in a child custody dispute, there must be a nexus or connection between the parent's condition and ability to care for the child. True False

1 points

QUESTION 40

• A Motion to Dismiss challenging the court's jurisdiction of the parties should be filed prior to an answer to the Complaint True False

1 points

QUESTION 41

• Jack files divorce Complaint against Jill for adultery to bar Jill from receiving alimony. Jill committed adultery with Jack's best friend but she only did it only after she found out that Jack had sex with her best friend. Jill can raise the defense of recrimination in her answer to Jack's divorce complaint. True False

1 points

QUESTION 42

• At a temporary hearing the Court cannot make findings regarding child custody and support. That can only be done at a final merits hearing. True False

1 points

QUESTION 43

• Jill owned a house prior to the marriage of Jack and Jill. They have lived there for 10 years. After they were married, Jack paid $50,000 for renovations which cause the house to appreciate in value. The house is only deeded in Jill's name. Even though the house is not in deeded in his name, the Court can grant equitable distribution of the appreciation value in the house. True False

1 points

QUESTION 44

• If the Guardian Ad Litem (GAL)timely files the report regarding custody the child, the GAL does not have to attend the custody hearing. True False

1 points

QUESTION 45

• In deciding custody for a 10 year old, the Court will not consider the preference of the child. True False

1 points

QUESTION 46

• The court does not have the right to overrule an agreement between the parties regarding custody which has been formalized into a Separation Agreement. True False

1 points

QUESTION 47

• A biological parent is not required to provide future support for their child once the adoption is complete. True False

1 points

QUESTION 48

• The SC Family Court awarded custody of the child to Jill who still resides in SC. Jack had visitation rights. Jack picked up the child and took him to Nevada to live. Jack immediately files a Complaint for custody in Nevada. Under the Parental Kidnapping Prevention Act, the Nevada Court can refuse to abide by the SC custody order. True False

1 points

QUESTION 49

• Generally fault may be considered when setting alimony if the bad act occurred prior to the signing of anagreementto resolve the divorce issues. True False

1 points

QUESTION 50

• Since a Temporary Hearing is held within 30 days of filing the complaint, the Court does not required financial statements of the parties in making its decision on support. True False

1 points

QUESTION 51

• Typically, in determining child support, Courts are bound by the guidelines provided by the Department of Social Services based on the combined income of the parents and the number of children. True False

1 points

QUESTION 52

• Generally, the court is permitted to require child support continue after age 18, ending at 19 years old, if child isin high school and making progress toward completion of school. True False

1 points

QUESTION 53

• Family Court has jurisdiction to hear:
• a. Divorce b. Adoption c. Grandparent visitation d. Spousal and Child Support
• Select one:

	a.	A only
	b.	A, B, D
	c.	A and D only
	d.	All of the above.

1 points

QUESTION 54

• Jack's attorney has served interrogatories on Jill. In answering the interrogatories, Jill can:

	a.	Assert that the information sought is protected by the attorney client privilege
	b.	Assert that the information sought is unduly burdensome
	c.	Assert that she can't pay her lawyer to answer the interrogatories
	d.	All of the above
	e.	Only a and b

1 points

QUESTION 55

• Attorney Smith has filed a summons Complaint for Jill's divorce action. The Summons and Complaint needs to be served on John Doe. Attorney Smith has asked for your help. You can properly serve the Summons and Complaint by:
• a. Obtaining a acceptance of service letter from John Doe's attorney b. You going to John Doe=s house and giving him the Summons and Complaint c. Having Process Server hand deliver the Summons and Complaint to John Doe d. Having Process Server hand deliver the Summons and Complaint to John Doe's 13 year old son Select one:

	a.	A, B and D
	b.	Only C
	c.	A and C
	d.	All of the above

1 points

QUESTION 56

• The Court can award child custody under the following arrangements:

	a.	Sole legal custody
	b.	Joint legal custody
	c.	Sole physical custody
	d.	All of the above

1 points

QUESTION 57

• In awarding child custody, the court will consider the following factors:

		Who has been the child's primary caretaker
		The race of the parent
		The physical and mental abilities of each parent to care for child
		All of the above
		Only a and c

1 points

QUESTION 58

• The family court can grant a child's grandparent visitation over the objection of the parent if:

	a.	The child's Parents are deceased, divorced or separated
	b.	Visitation would be in the best interest of the child
	c.	Visitation would not interfere with the parent/child relationship
	d.	All of the above

1 points

QUESTION 59

• Jack and Jill were divorced. Jill was awarded alimony. After the divorce, Jill moved in with her boyfriend and has lived with him for the past six months. In July 2011, Jill moved in with her boyfriend.Jack filed an action to terminate Jill's alimony. The court will terminate Jill's alimony because:

	a.	She does not need it since she lives with Jack
	b.	Because she has cohabitated with her boyfriend for more than 90 days
	c.	She is using the alimony to support her unemployed boyfriend and not for her support
	d.	There has been a substantial change in circumstances

QUESTION 60

• Wife owns a jewelry store that she owned prior to the marriage. Husband has done the monthly accounting report for the past 5 years without payment. Wife and Husband file for divorce. The Court will consider the value of the Wife's jewelry store as a marital asset under the theory of:

	a.	Transmutation
	b.	Special Equity
	c.	Rehabilitation
	d.	Inputed Income