NYLE Matrimonial & Family Law 3

Question 1

A spouse seeking maintenance in New York pursuant to DRL §236(B)(6) files after January 25, 2016. Which formula does the court first apply?

Accepted Answer

The post-2016 advisory guideline formula based on income differential

Answer

The 2015 maintenance reform law effective January 25, 2016 created an advisory guideline formula using the income differential between spouses to calculate post-divorce maintenance.

Question 2

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

Accepted Answer

Irretrievable breakdown of the marriage for at least six months

Answer

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.

Question 3

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

Accepted Answer

Remains separate property not subject to equitable distribution

Answer

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

Question 4

Which New York court has exclusive original jurisdiction over adoptions?

Accepted Answer

Family Court and Surrogate's Court

Answer

Jurisdiction over adoptions in New York is shared between Family Court and Surrogate's Court under the Domestic Relations Law.

Question 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:

Accepted Answer

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

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Matrimonial & Family Law 3