MD Bar Family Law 5

Question 1

In Maryland, what is the effect of an annulment compared to a divorce?

Accepted Answer

Annulment declares the marriage void or voidable from the outset, while divorce ends a valid marriage

Answer

Annulment and divorce are legally identical

Answer

Annulment only applies to marriages under one year

Answer

Annulment requires the parties to remarry each other first

Question 2

Which marriage would be void ab initio in Maryland, requiring no annulment decree to be invalid?

Accepted Answer

A bigamous marriage entered while one party is still married to someone else

Answer

A marriage induced by fraud about wealth

Answer

A marriage where one party was intoxicated at the ceremony

Answer

A marriage between second cousins

Question 3

Under Maryland's mutual consent divorce ground, what must the parties submit to the court?

Accepted Answer

A written settlement agreement resolving alimony, property, and child custody and support issues

Answer

Proof of a 12-month separation

Answer

Affidavits of fault from both spouses

Answer

A marriage counselor's certification

Question 4

When valuing marital property for a monetary award, Maryland courts generally value assets as of what date?

Accepted Answer

The date of the divorce trial or when the divorce is granted

Answer

The date of separation

Answer

The date of the wedding

Answer

The date the complaint was filed

Question 5

In Maryland, how does a spouse's adultery affect alimony and property division after the 2023 divorce reform?

Accepted Answer

It is no longer a divorce ground but may still be considered as a factor, such as the circumstances of the estrangement, in alimony and monetary award decisions

Answer

It automatically bars the adulterous spouse from any alimony

Answer

It doubles the innocent spouse's property share by statute

Answer

It is entirely irrelevant to all financial issues

Question 6

A Maryland court orders relocation-related modification. Which factor is most central when a custodial parent seeks to move out of state with the child?

Accepted Answer

Whether the relocation constitutes a material change and how the move affects the child's best interests

Answer

Whether the moving parent gives 30 days notice to the DMV

Answer

The moving parent's constitutional right to travel, which always prevails

Answer

The distance of the move alone

Question 7

In Maryland contested adoption or guardianship terminating parental rights, what standard of proof applies to a finding of parental unfitness or exceptional circumstances?

Accepted Answer

Clear and convincing evidence

Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Probable cause