Practice Test GeeksNYLE - New York Law Exam Practice Test
← All NYLE Flashcard Decks

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. A spouse seeks post-divorce maintenance in a New York action commenced after January 25, 2016. How does the court first determine the amount under DRL 236(B)(6)?

    Answer: By applying the statutory guideline formula based on the parties' income differential, which is presumed correct unless unjust or inappropriate

    For actions commenced on or after January 25, 2016, DRL 236(B)(6) requires the court to calculate the guideline amount of post-divorce maintenance using the statutory income-based formula; that amount is presumed correct unless the court finds it unjust or inappropriate after considering the statutory factors. The duration schedule is advisory.

  2. Under New York law, which ground for divorce does NOT require proof of fault?

    Answer: Irretrievable breakdown of the marriage for at least six months

    The irretrievable breakdown ground, added in 2010, is New York's no-fault divorce ground and requires only that one spouse state the marriage has broken down for at least six months.

  3. In New York, the passive appreciation of separate property during the marriage is generally:

    Answer: Remains separate property not subject to equitable distribution

    Under DRL §236(B)(1)(d)(3), passive appreciation—growth due to market forces rather than spousal effort—of separate property remains separate property.

  4. Which New York courts have jurisdiction over adoption proceedings?

    Answer: Family Court and Surrogate's Court

    Under DRL 109, adoption proceedings are brought in Family Court or Surrogate's Court.

  5. A mother relocates with the parties' child to another state without the father's consent or court approval. Under New York law, the father's most immediate remedy is to:

    Answer: File a violation petition and seek an order to show cause in New York

    The father should file a violation petition and seek an emergency order to show cause in New York, which likely retains jurisdiction under the UCCJEA.

  6. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as adopted in New York, 'home state' jurisdiction is based on the child living in the state for:

    Answer: 6 months immediately before commencement of the proceeding

    The UCCJEA defines home state as the state in which the child lived with a parent for at least six consecutive months immediately before the proceeding.

  7. In a New York divorce action commenced after January 25, 2016, how is the enhanced earning capacity of a professional license earned during the marriage treated?

    Answer: It is not marital property, but the court must consider the other spouse's direct and indirect contributions to its development when distributing the other marital property

    Under DRL 236(B)(5)(d)(7), as amended effective January 25, 2016, enhanced earning capacity arising from a license, degree, celebrity goodwill or career enhancement is not marital property (legislatively overruling O'Brien v. O'Brien), but the court shall consider the other spouse's direct or indirect contributions to its development in equitably distributing the remaining marital property.