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Matrimonial & Family Law Flashcards

7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Matrimonial & Family Law flashcards as text

  1. Under New York's Domestic Relations Law, what is the minimum period of separation required before a spouse can obtain a conversion divorce based on a separation agreement?

    Answer: 1 year

    New York requires spouses to live apart for at least one year pursuant to a written separation agreement before converting it to a divorce.

  2. In a New York equitable distribution proceeding, which of the following is generally classified as separate property?

    Answer: An inheritance received by one spouse during the marriage

    Under DRL §236(B), inheritances received during the marriage remain separate property even if received after the wedding date.

  3. A New York court awards sole legal custody to one parent. What does this primarily mean?

    Answer: That parent has exclusive decision-making authority over major life decisions

    Sole legal custody grants one parent exclusive authority to make major decisions about education, health, and religion, independent of where the child physically resides.

  4. Under New York law, a prenuptial agreement is generally unenforceable if:

    Answer: It was not acknowledged in the manner required for a deed

    DRL §236(B)(3) requires prenuptial agreements to be in writing and acknowledged in the same manner as a deed to be valid and enforceable.

  5. Under the Child Support Standards Act (CSSA), what percentage of combined parental income is used to calculate child support for two children?

    Answer: 25%

    The CSSA sets the child support percentage for two children at 25% of combined parental income up to the statutory cap.

  6. When may a New York Family Court issue a temporary order of protection in a family offense proceeding?

    Answer: Upon the filing of a petition, ex parte if necessary

    Family Court Act §828 authorizes the court to issue a temporary order of protection upon filing of a petition, including on an ex parte basis when immediate protection is needed.

  7. In New York, which standard governs all child custody and visitation determinations?

    Answer: The best interests of the child

    New York courts apply the best interests of the child standard in all custody and visitation matters, weighing numerous factors holistically.