NYLE - New York Law NY Matrimonial & Family Law Questions and Answers

Question 1

A couple is divorcing in New York.
One spouse wishes to use the 'no-fault' ground for divorce.
Under Domestic Relations Law § 170(7), what must be alleged under oath regarding the state of the marriage?

Accepted Answer

The relationship has broken down irretrievably for a period of at least six months.

Answer

The marriage has been irretrievably broken for one year.

Answer

The spouses have lived separate and apart for six months pursuant to a court order.

Answer

There are irreconcilable differences with no prospect of reconciliation.

Question 2

When a New York court is making an initial determination of child custody, what is the primary legal standard it must apply?

Accepted Answer

The best interests of the child.

Answer

The preference of the child, regardless of age.

Answer

Which parent has greater financial resources.

Answer

The parent who was the primary caretaker during the marriage.

Question 3

A couple in New York City is getting divorced after a ten-year marriage. They have two children, ages 8 and 10. The non-custodial parent earns $120,000 annually, and the custodial parent earns $80,000 annually. Under the Child Support Standards Act (CSSA), what percentage will be applied to their combined parental income up to the statutory cap to determine the basic child support obligation?

Accepted Answer

25%

Answer

17%

Answer

29%

Answer

31%

Question 4

Which of the following is NOT a required formality for a valid and enforceable prenuptial agreement under New York Domestic Relations Law § 236(B)(3)?

Accepted Answer

The agreement must be reviewed by independent legal counsel for each party.

Answer

The agreement must be in writing.

Answer

The agreement must be subscribed by both parties.

Answer

The agreement must be acknowledged or proven in the manner required to record a deed.

Question 5

In a New York divorce action, a spouse's medical license, which was earned during the marriage through the joint efforts and financial support of both spouses, is subject to equitable distribution. How is this asset typically handled by the court?

Accepted Answer

The court will consider the contributions made to the attainment of the license and may make a distributive award of its value.

Answer

The license itself is awarded to the non-titled spouse as separate property.

Answer

The license is considered separate property of the titled spouse and is not subject to distribution.

Answer

The value of the license is automatically divided 50/50 between the spouses.

Question 6

A New York court is determining a post-divorce maintenance award for a spouse after a long-term marriage. Which of the following factors is the court LEAST likely to consider as a primary determinant under the Domestic Relations Law?

Accepted Answer

The marital fault of either party leading to the divorce.

Answer

The age and health of the parties.

Answer

The present and future earning capacity of both parties.

Answer

The standard of living of the parties established during the marriage.

A couple is divorcing in New York.One spouse wishes to use the 'no-fault' ground for divorce.Under Domestic Relations Law § 170(7), what must be alleged under oath regarding the state of the marriage?

A couple is divorcing in New York.
One spouse wishes to use the 'no-fault' ground for divorce.
Under Domestic Relations Law § 170(7), what must be alleged under oath regarding the state of the marriage?