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

DRL § 170(7) provides that a divorce may be granted when the relationship has broken down irretrievably for at least six months, as stated by one party under oath.

Question 2

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

Accepted Answer

The best interests of the child

Answer

New York courts determine custody based on the best interests of the child, considering all relevant factors without a presumption favoring either parent.

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

New York is an equitable distribution state that classifies property as marital (acquired during marriage) or separate (acquired before marriage, by gift, or inheritance), with only marital property subject to distribution.

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

DRL § 236(B)(6) provides a formulaic calculation for maintenance based on the parties' incomes, with the court having discretion to deviate based on factors such as the duration of the marriage and the standard of living.

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

New York Family Court has jurisdiction over custody, visitation, child and spousal support, paternity, family offenses, juvenile delinquency, PINS (Person in Need of Supervision), child protective proceedings, and adoption.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE NY Matrimonial & Family Law 2