NYLE NY Matrimonial & Family Law 2

Question 1

Under New York Domestic Relations Law (DRL) § 170, what is the no-fault ground for divorce?

Accepted Answer

The relationship between husband and wife has broken down irretrievably for at least six months

Answer

The parties have lived apart for at least one year

Answer

Mutual consent without any waiting period

Answer

Incompatibility as determined by a court evaluation

Question 2

Under New York law, what standard governs child custody determinations?

Accepted Answer

The best interests of the child

Answer

Automatic preference for the mother

Answer

Equal physical custody divided 50/50

Answer

Preference for the parent with higher income

Question 3

Under DRL § 236(B), how does New York classify property in equitable distribution?

Accepted Answer

As either marital property (subject to distribution) or separate property (retained by the owning spouse)

Answer

All property owned by either spouse is divided equally

Answer

Only real property is subject to distribution; personal property is kept by its owner

Answer

Property is distributed based on which spouse holds legal title

Question 4

Under New York law, what is a maintenance (alimony) award based on after the 2015 amendments?

Accepted Answer

A statutory formula based on the parties' incomes, with the court retaining discretion to deviate based on enumerated factors

Answer

A fixed percentage of the higher-earning spouse's income in all cases

Answer

The court's unfettered discretion with no guidelines

Answer

Maintenance is only available if the marriage lasted more than 10 years

Question 5

Under New York Family Court Act, what types of proceedings may be brought in Family Court?

Accepted Answer

Custody, support, paternity, family offenses, juvenile delinquency, PINS, and child protective proceedings

Answer

Only divorce and dissolution proceedings

Answer

Only criminal domestic violence cases

Answer

Only adoption proceedings

Question 6

Under New York law, what is the Child Support Standards Act (CSSA) formula for calculating basic child support?

Accepted Answer

A percentage of the combined parental income applied to the non-custodial parent's pro rata share

Answer

A flat monthly amount set by the legislature

Answer

The court's discretion based solely on the child's expressed needs

Answer

Each parent pays exactly half of documented child expenses