NYLE Matrimonial & Family Law 2 — Questions and Answers
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?
- 6 months
- 1 year (Correct answer)
- 2 years
- 18 months
Correct answer: 1 year
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?
- Wages earned during the marriage
- An inheritance received by one spouse during the marriage (Correct answer)
- Appreciation of marital property
- A business started after the wedding
Correct answer: An inheritance received by one spouse during the marriage
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?
- The child lives exclusively with that parent
- That parent has exclusive decision-making authority over major life decisions (Correct answer)
- The other parent has no visitation rights
- Child support obligations are waived for the non-custodial parent
Correct answer: That parent has exclusive decision-making authority over major life decisions
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:
- It was signed more than one year before the marriage
- One party signed it without independent legal counsel
- It was not acknowledged in the manner required for a deed (Correct answer)
- It was executed on the same day as the wedding
Correct answer: It was not acknowledged in the manner required for a deed
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?
- 17%
- 25% (Correct answer)
- 29%
- 31%
Correct answer: 25%
The CSSA sets the child support percentage for two children at 25% of combined parental income up to the statutory cap.
Question 6: When may a New York Family Court issue a temporary order of protection in a family offense proceeding?
- Only after a full evidentiary hearing
- Only if the petitioner has a prior order of protection
- Upon the filing of a petition, ex parte if necessary (Correct answer)
- Only after the respondent is served and appears in court
Correct answer: Upon the filing of a petition, ex parte if necessary
Family Court Act §828 authorizes the court to issue a temporary order of protection upon filing of a petition, including on an ex parte basis when immediate protection is needed.
Question 7: In New York, which standard governs all child custody and visitation determinations?
- Preponderance of the evidence as to parental fitness
- The best interests of the child (Correct answer)
- Primary caretaker preference
- The child's expressed preference above all other factors
Correct answer: The best interests of the child
New York courts apply the best interests of the child standard in all custody and visitation matters, weighing numerous factors holistically.
NYLE Matrimonial & Family Law 2
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?