Preview Questions Family Lawyer | Role Specific Skill

Question 1: Under the principle of "equitable distribution" in divorce law, how is property typically divided?

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Property is distributed according to the spouse with the higher income or earning capacity

Property is always divided 50/50 between both spouses, regardless of other factors

Property is divided equally only if both parties have contributed equally during the marriage

Property is divided based on a fair but not necessarily equal distribution, considering factors like contribution, need, and future financial prospects

Question 2: How does the court handle the division of pensions or retirement accounts in a divorce?

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The court may use a Qualified Domestic Relations Order (QDRO) to divide retirement accounts or pensions between spouses

Pensions are allocated based on the income level of each spouse and are not affected by marital length

Pensions and retirement accounts are excluded from property division and are solely the property of the spouse who earned them

The court automatically splits retirement accounts 50/50 between spouses, regardless of the contributions or needs

Question 3: What is the significance of the "primary caretaker" factor in child custody decisions?

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The primary caretaker factor is irrelevant unless one parent is shown to be unfit

Courts consider the primary caretaker's role in the child's life, such as who has been the main caregiver for the child's emotional and physical needs

The primary caretaker factor only applies to joint custody cases and is not relevant for sole custody

The primary caretaker is always awarded custody, regardless of other factors

Question 4: What is the significance of "child support guidelines" in divorce law?

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They allow a judge to arbitrarily set child support based on family wealth

They only apply to the parent who earns the highest income

They are voluntary and not legally binding

They are used to calculate the amount of child support one parent must pay based on income and expenses

Question 5: How should a Family Lawyer address impasse in mediation, particularly when neither party is willing to budge on key issues like custody or support?

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An impasse cannot be resolved unless the judge makes a final ruling

The lawyer can use techniques such as reframing, offering creative solutions, or suggesting a temporary compromise to keep the process moving

Impasse situations require the lawyer to choose one party's side

The lawyer should walk away from the mediation process immediately

Question 6: How does the legal documentation of "Spousal Support" differ in different types of divorce proceedings?

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Spousal Support is automatically calculated based on the length of the marriage, and no documentation is required

Spousal Support documents are the same for all cases, with no need for adjustments based on individual circumstances

Spousal Support documentation specifies the terms, conditions, and amount to be paid and varies depending on the type of divorce (uncontested, contested, or simplified)

Spousal Support documentation is only relevant in contested divorces and does not apply in uncontested cases