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Are you, or someone you know, thinking about or in the midst of a marital split? Test your knowledge of divorce law with this quiz.
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Question 1 of 10
1. Question
Mr. and Mrs. Smith married fifteen years ago and have two children. Mr. Smith has a one-man accounting practice and earns $150,000 per year. Mr. and Mrs. Smith agreed when they married that Mrs. Smith would stay home, care for the children and be a homemaker. When they divorce, they will most likely divide their property with Mr. Smith receiving the larger share because he earned it.
CorrectCorrect. Mrs. Smith, as the dependent spouse, will most likely receive a larger share of the property. The Divorce Code in Pennsylvania is designed to equalize the parties’ circumstances and Mrs. Smith will need additional assets to sustain her financially.
IncorrectIncorrect. Mrs. Smith, as the dependent spouse, will most likely receive a larger share of the property. The Divorce Code in Pennsylvania is designed to equalize the parties’ circumstances and Mrs. Smith will need additional assets to sustain her financially.
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Question 2 of 10
2. Question
Mr. Smith will have to pay spousal support while the divorce is pending and alimony after the Smiths divorce because he asked her to become a homemaker and they agreed that she would not work outside the home.
CorrectCorrect. Although Mr. Smith may well be directed to pay spousal support to Mrs. Smith during the divorce, Mrs. Smith may be deemed to have a capacity to earn, regardless of Mr. Smith’s promises during the marriage and their agreement that Mrs. Smith would stay home with the children. Mrs. Smith’s award of alimony after the divorce will be determined based on the amount of property she receives in the divorce and the length of their marriage.
IncorrectIncorrect. Although Mr. Smith may well be directed to pay spousal support to Mrs. Smith during the divorce, Mrs. Smith may be deemed to have a capacity to earn, regardless of Mr. Smith’s promises during the marriage and their agreement that Mrs. Smith would stay home with the children. Mrs. Smith’s award of alimony after the divorce will be determined based on the amount of property she receives in the divorce and the length of their marriage.
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Question 3 of 10
3. Question
Mr. and Mrs. Hunt have not been getting along and have talked about separating. Mr. Hunt suspects that Mrs. Hunt’s lack of enthusiasm for the marriage is due in large part to an affair he thinks she is having with her co-worker. He buys a software program which will pick up Mrs. Hunt’s sent and received emails and instant messages and installs it on their joint home computer. Mr. Hunt has committed a federal crime which prohibits wire-tapping.
CorrectCorrect. Even though he would argue that the computer is his too, Mr. Hunt has probably violated the federal Wiretap Act and the Computer Fraud and Abuse Act. Mr. Hunt may be in big trouble and should seek counsel immediately.
IncorrectIncorrect. Even though he would argue that the computer is his too, Mr. Hunt has probably violated the federal Wiretap Act and the Computer Fraud and Abuse Act. Mr. Hunt may be in big trouble and should seek counsel immediately.
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Question 4 of 10
4. Question
Mr. and Mrs. Jackson married ten years ago. Shortly after their marriage, Mrs. Jackson’s parents gave them a $30,000 gift which they used as a down payment on their house. Now that they are getting divorced, Mrs. Jackson’s parents want their daughter to get the gift back. The court will return the $30,000 gift to Mrs. Jackson’s parents.
CorrectCorrect. Mrs. Jackson’s parents will have their wishes partially satisfied. The courts in Pennsylvania recognize that parents often give their grown child gifts, which they regret when their grown child gets divorced. The court will return 5% of the gift to Mrs. Jackson, but not her parents, for each year of the marriage, for a total of $15,000.
IncorrectIncorrect. Mrs. Jackson’s parents will have their wishes partially satisfied. The courts in Pennsylvania recognize that parents often give their grown child gifts, which they regret when their grown child gets divorced. The court will return 5% of the gift to Mrs. Jackson, but not her parents, for each year of the marriage, for a total of $15,000.
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Question 5 of 10
5. Question
Mr. and Mrs. Washington have three children, ages 16, 13 and 12. They are involved in a bitter custody dispute and the children are scheduled to testify at the trial. The 16 year old and the 13 year old want to live with their mother and the 12 year old wants to live with his father. The court will interview the children and grant their requests because they are old enough to know what they want.
CorrectCorrect. The court is not bound to follow the wishes of any of the children, but instead will determine the placement that best suits the need of the children. The law says that the judge has discretion to assign whatever weight he deems appropriate to the children’s preferences, based on the maturity of each child.
IncorrectIncorrect. The court is not bound to follow the wishes of any of the children, but instead will determine the placement that best suits the need of the children. The law says that the judge has discretion to assign whatever weight he deems appropriate to the children’s preferences, based on the maturity of each child.
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Question 6 of 10
6. Question
Mr. and Mrs. Jordan married twenty five years ago. Their two children are in their early teens. Mr. Jordan is the breadwinner and Mrs. Jordan is a stay-at-home mom. They have been estranged in the same house for many years. Although they have decided that it is time to divorce, each refuses to move out. They both want primary custody and to remain in the house. The court will award occupancy of the house during the divorce to Mrs. Jordan because she is the primary caregiver for the children and homemaker.
CorrectCorrect. Although the Divorce Code authorizes early distribution of marital assets during a divorce and the cases in the 1980’s sometimes awarded possession of the house to one spouse, courts recently have been increasingly unwilling to award possession of the house during the divorce to one spouse. The Jordans will be best served by seeking creative solutions to their dispute and working with counsel to resolve the divorce as quickly as possible.
IncorrectIncorrect. Although the Divorce Code authorizes early distribution of marital assets during a divorce and the cases in the 1980’s sometimes awarded possession of the house to one spouse, courts recently have been increasingly unwilling to award possession of the house during the divorce to one spouse. The Jordans will be best served by seeking creative solutions to their dispute and working with counsel to resolve the divorce as quickly as possible.
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Question 7 of 10
7. Question
Mr. and Mrs. Peabody have been married for five years, but have never really gotten along. They have no property and no children. They send away in response to an ad for a quick, cheap divorce in another county. They will have no problem because their divorce is very simple.
CorrectCorrect. There are some counties in Pennsylvania which will grant divorces to non-resident couples at very low fees. However, buyer beware! Sometimes the divorce decrees are lost and the couple remains married without knowing it. This can prevent future marriages and disrupt estate plans.
IncorrectIncorrect. There are some counties in Pennsylvania which will grant divorces to non-resident couples at very low fees. However, buyer beware! Sometimes the divorce decrees are lost and the couple remains married without knowing it. This can prevent future marriages and disrupt estate plans.
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Question 8 of 10
8. Question
Mr. and Mrs. Sloan marry thinking that they are second cousins. After being married for three years, they discover that they are first cousins. The marriage is illegal because Pennsylvania forbids marriage between first cousins.
CorrectCorrect.
IncorrectIncorrect.
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Question 9 of 10
9. Question
Mr. and Mrs. Miller have been married for fifteen years. Mr. Miller works for an insurance company and Mrs. Miller is an antique dealer, which she began with the antique store that she inherited from her parents ten years ago. Mr. Miller now claims that he is entitled to a share of the value of the antiques in the business because the couple often used the inventory from the business to decorate their home.
CorrectCorrect. The law in Pennsylvania provides that inherited property is non-marital unless it is transferred into the marriage. The law also provides that the antiques retain their non-marital character even though they were sometimes placed in the home.
IncorrectIncorrect. The law in Pennsylvania provides that inherited property is non-marital unless it is transferred into the marriage. The law also provides that the antiques retain their non-marital character even though they were sometimes placed in the home.
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Question 10 of 10
10. Question
Mr. and Mrs. Dunbar have been married for twenty years. They have two children. They both worked for the federal government during the marriage, but always had financial problems because their children had expensive health issues. After they separate, Mrs. Dunbar wins the lottery for $21,000,000. Mrs. Dunbar will not have to share any of her lottery winnings because she won the lottery after the parties separated.
CorrectCorrect. Mrs. Dunbar will keep all the winnings because she received the money after she separated from Mr. Dunbar.
IncorrectIncorrect. Mrs. Dunbar will keep all the winnings because she received the money after she separated from Mr. Dunbar.