NYLE Matrimonial & Family Law 2

Question 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?

Accepted Answer

1 year

Answer

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

Question 2

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

Accepted Answer

An inheritance received by one spouse during the marriage

Answer

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

Question 3

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

Accepted Answer

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

Answer

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

Question 4

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

Accepted Answer

It was not acknowledged in the manner required for a deed

Answer

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.

Question 5

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

Accepted Answer

25%

Answer

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

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Matrimonial & Family Law 2