New York Law Quiz 3 Matrimonial

When is a common law marriage valid in New York?

If the parties lived together for seven years.
If the parties validly entered into a common law marriage under the laws of another state.
If the parties lived together for seven years and neither party was a minor during that period.
Never.

Can a spouse waive her right to inheritance?

Not under New York law.
Not in a post-nupital agreement
In either a prenupital or post-nupital agreement, provided the agreement is in writing, signed by both parties, and acknowledged or provided in the same manner as required for the recording of a deed.
Only in a post-nupital agreement.

Does New York recognize “no-fault” grounds for divorce?

Yes, if one spouse swears that the marriage has irretrievably broken down for a period of at least six months.
Yes, if both spouses swear that the marriage has irretrievably broken down for a period of at least six months.
No.
Yes, provided the parties enter into good-faith mediation for a period of six months.

Which of the following is a basis for long-arm personal jurisdiction over a defendant in a NY matrimonial action?

If the plaintiff is a resident of New York and the defendant was born in New York
If the defendant abandoned the plaintiff in New York
If the plaintiff is a resident of New York and the defendant abandoned the plaintiff in New York
If the plaintiff is a resident of New York

Which of the following is a requirement for a NY court to have subject matter jurisdiction over a matrimonial action?

Both parties reside in New York at the time of the commencement of the action and the cause of action occurred in New York
One of the parties resided in New York for two continuous years immediately prior to commencing the action
One of the parties is a resident of New York for one continuous year immediately prior to the commencement of the action and the cause of action occurred in New York
A, B, and C are all correct

Which of the following is not considered marital property subject to equitable distribution in New York?

Compensation for personal injuries
Property acquired by only one spouse during the marriage
Property acquired by both spouses during the marriage where one spouse demonstrated resistance to its acquisition
A gift from one spouse

Is the appreciation in value of otherwise separate property during a marriage a martial asset?

No.
No, unless the non-titled spouse demanded in writing title to the property during the marriage and was refused.
Yes, if the non-titled spouse contributed to its appreciation, even indirectly as a parent and homemaker.
Yes.

For how long will a spouse be responsible for post-divorce maintenance of the other spouse?

Maintenance will terminate on the death of either party
Maintenance will terminate on the remarriage of the payee
The duration is based on on an advisory formula
All of the above are correct.

Until what age must parents support their children?

21, unless the children are emancipated earlier.
19
16 if the child is enrolled in a state-accredited University
18

How does maintenance affect child support payments in New York?

Not in a meaningful way.
Maintenance is subtracted from the paying spouse’s income and added to the payee’s income.
Child support is subtracted from maintenance payments.
A spouse paying maintenance must continue paying maintenance so long as the spouse pays child support.

When may the State of New York terminate parental rights?

If it is in the child’s best interests to be raised by another family
If the chid is in the care of an authorized agency and the parent fails for a period of time to maintain contact with the child or plan for the future of the child despite efforts by the agency
If the child requests such termination
If termination of parental rights will not result in immediate and catastrophic harm to the child

What is the age of criminal responsibility in New York?

21
16
18
19

May an attorney for the child advocate a position contrary to the wishes of a child?

If the attorney determines, based on the all the facts and circumstances, that the child’s wishes are likely to not be in the child’s interest.
If the child lacks capacity for knowing voluntary and considered judgement.
If the child’s wishes are likely to result in substantial risk of imminent and serious harm to the child.
Both (b) and (c) are correct.

Are surrogacy contracts enforceable in New York?

No.
Yes, as of 2020.
Yes, provided there is no compensation paid.
Yes, provided the child will likely reside in New York for at least three years.

Of the following, whose consent is not required for an adoption in New York?

The mother of a child born out of wedlock
The parents of a child born in wedlock
A child over the age of 14
The father of a child born out of wedlock

Do birth parents have access to adoption records under New York law?

As a matter of right unless good cause is shown by the adoptive parents or child.
On good cause, such as medical necessity, and with notice to the adoptive parents.
If necessary to inform the adopted child of the death of a birth parent.
If the birth parents are residents of New York

In a custody dispute, what is the effect of the child’s preference and what is the effect of an act of domestic violence by one of the parties to the dispute?

The child’s preference is binding, absent compelling evidence that the decision would not be in the best interest of the child. Domestic violence is a factor if it occurred within one year of the custody dispute.
The child’s preference is not binding but is a factor to be considered by the court. A court must consider the effect of domestic violence on the best interests of the child.
The child’s preference is not a factor. Domestic violence precludes a parent from custodial rights.
The child’s preference is is not binding as to the child’s best interest. Evidence of domestic violence is inadmissible in a custody dispute.

When do grandparent have standing to petition for visitation rights?

When either or both parents are deceased or where circumstances warrant equitable intervention by the court to grant them visitation rights.
As of right
When both parents are deceased
To prevent imminent harm to the child

What are the different types of custodial arrangements in New York?

Sole custody
Joint physical custody
Joint legal custody
All of the above

When can custodial arrangements be modified in New York?

Every three months unless the modification would cause imminent and serious harm to the child
Every year unless such modification would cause imminent and serious harm to the. child
Upon a showing of changed circumstance and where modification is necessary to ensure the continued best interest of the child
Upon a showing that such modification would result in a home environment not radically different from the child’s current environment.

New York Law Quiz 3 Matrimonial

New York Law Quiz 3 Matrimonial

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