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

New York's no-fault ground for divorce, found in DRL § 170(7), requires one party to state under oath that the relationship between the spouses has broken down irretrievably for a period of at least six months. A one-year period is associated with grounds based on abandonment or living apart pursuant to a separation agreement, not the no-fault ground.

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 controlling standard for all child custody determinations in New York is the 'best interests of the child.' While factors such as who was the primary caretaker, the child's preference (depending on age and maturity), and each parent's stability are considered, they are all subservient to the overarching 'best interests' standard. Financial disparity is typically addressed through child support, not by being the sole determinant of custody.

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

The Child Support Standards Act (CSSA) sets forth specific percentages of combined parental income to be used for calculating basic child support. For two children, the applicable percentage is 25%. The other percentages listed are for one child (17%), three children (29%), and four children (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

DRL § 236(B)(3) requires that a marital agreement be (1) in writing, (2) subscribed by the parties, and (3) acknowledged or proven in the manner required to entitle a deed to be recorded. While having independent legal counsel review the agreement is highly advisable and strengthens its enforceability against challenges of duress or unconscionability, it is not an absolute statutory requirement for the agreement's validity.

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

Under New York's Domestic Relations Law, while a professional license itself is not property that can be divided, the enhanced earning capacity it represents is considered marital property subject to equitable distribution. The court will consider the direct or indirect contributions of the non-titled spouse to the acquisition of the license and may make a distributive award of money to achieve an equitable outcome, rather than awarding the physical license or mandating a strict 50/50 split.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

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