CP CP Family Law 1 — Questions and Answers
Question 1: California is a community property state. Which of the following is generally classified as community property?
- Property owned by one spouse before marriage
- Wages earned by either spouse during marriage (Correct answer)
- A gift received by one spouse during marriage
- An inheritance received by one spouse during marriage
Correct answer: Wages earned by either spouse during marriage
Under California Family Code § 760, all wages and income earned by either spouse during marriage are community property.
Question 2: In a California dissolution of marriage proceeding, 'irreconcilable differences' refers to:
- A specific list of marital faults enumerated by statute
- The no-fault ground for divorce under California Family Code § 2310 (Correct answer)
- A factual finding made by the court after a trial
- Disagreements over child custody only
Correct answer: The no-fault ground for divorce under California Family Code § 2310
California Family Code § 2310 permits dissolution on the no-fault ground of irreconcilable differences, requiring only that the marriage has broken down irretrievably.
Question 3: The mandatory waiting period before a California divorce judgment can be entered after service of the summons is:
- 30 days
- 90 days
- 6 months (Correct answer)
- 1 year
Correct answer: 6 months
California Family Code § 2339 imposes a six-month waiting period from the date of service of the petition before a dissolution judgment becomes final.
Question 4: Which document formally initiates a California divorce proceeding?
- FL-100 (Petition for Dissolution of Marriage) (Correct answer)
- FL-300 (Request for Order)
- FL-150 (Income and Expense Declaration)
- FL-160 (Property Declaration)
Correct answer: FL-100 (Petition for Dissolution of Marriage)
The FL-100 Petition for Dissolution of Marriage is the pleading that formally commences a dissolution action in California.
Question 5: Under California law, 'date of separation' is significant primarily because it:
- Determines the court's jurisdiction over the case
- Marks the end of the community property period (Correct answer)
- Triggers automatic child support obligations
- Establishes the filing fee amount
Correct answer: Marks the end of the community property period
The date of separation under California Family Code § 70 ends the accumulation of community property and begins the separate property period.
Question 6: In California child custody proceedings, the paramount consideration is:
- The preference of the parent with higher income
- The best interests of the child (Correct answer)
- The child's preference regardless of age
- Maintaining the marital home
Correct answer: The best interests of the child
California Family Code § 3011 directs courts to determine custody based on the best interests of the child.
CP CP Family Law 1
California is a community property state.
Which of the following is generally classified as community property?