NYLE Matrimonial & Family Law Exam 2026/2027 | 300+ Practice
Questions, Correct Answers & Detailed Rationales
1.
Which New York statute lists the grounds upon which an action for
divorce may be maintained?
A. Domestic Relations Law § 170
B. Domestic Relations Law § 236
C. Family Court Act § 413
D. Domestic Relations Law § 240
Correct Answer: A
Rationale: Domestic Relations Law § 170 identifies the statutory
grounds for divorce, including cruel and inhuman treatment,
abandonment, imprisonment, adultery, conversion of a separation
agreement or judgment, and irretrievable breakdown.
(NYSenate.gov)
2.
Under New York's no-fault divorce provision, the marital relationship
must have broken down irretrievably for at least:
A. Three months
B. Six months
C. One year
D. Two years
Correct Answer: B
Rationale: DRL § 170(7) permits divorce where one party states
under oath that the relationship has broken down irretrievably for at
least six months. (NYSenate.gov)
3.
Which party must make the sworn statement concerning irretrievable
breakdown under DRL § 170(7)?
A. Both spouses
B. The court
,C. One party to the marriage
D. The children's attorney
Correct Answer: C
Rationale: The statute requires that one party state under oath that
the relationship has broken down irretrievably for at least six
months. (NYSenate.gov)
4.
Which of the following is a statutory ground for divorce in New York?
A. Cruel and inhuman treatment
B. Mere incompatibility lasting thirty days
C. Financial disagreement
D. Failure to attend counseling
Correct Answer: A
Rationale: Cruel and inhuman treatment is expressly listed in DRL §
170. The other circumstances are not independent statutory
grounds. (NYSenate.gov)
5.
Under DRL § 170, abandonment as a divorce ground generally
requires abandonment for:
A. Six months
B. One year or more
C. Two years
D. Five years
Correct Answer: B
Rationale: DRL § 170(2) identifies abandonment of the plaintiff by
the defendant for a period of one or more years as a divorce ground.
(NYSenate.gov)
6.
A spouse has been imprisoned for three consecutive years after the
marriage. Which statement is most accurate?
A. Imprisonment can constitute a statutory divorce ground
B. Imprisonment is never relevant to divorce
,C. Imprisonment automatically dissolves the marriage
D. Imprisonment only creates a separation action
Correct Answer: A
Rationale: DRL § 170(3) recognizes confinement of the defendant in
prison for three or more consecutive years after marriage as a
ground for divorce. (NYSenate.gov)
7.
Which conduct is specifically identified as a divorce ground under DRL
§ 170?
A. Adultery
B. Ordinary disagreement
C. Lack of affection
D. Different political opinions
Correct Answer: A
Rationale: Adultery is expressly listed as a statutory ground for
divorce under DRL § 170(4). (NYSenate.gov)
8.
Under New York's irretrievable-breakdown ground, which issues
generally must be resolved before a judgment of divorce can be
granted?
A. Only custody
B. Only property division
C. Required economic and child-related issues
D. Only attorney fees
Correct Answer: C
Rationale: DRL § 170(7) requires resolution of specified economic
issues, custody and visitation issues involving infant children, and
related matters before judgment of divorce is granted.
(NYSenate.gov)
9.
Which New York court generally has jurisdiction to grant a divorce?
, A. Supreme Court
B. Family Court exclusively
C. Surrogate's Court
D. Court of Claims
Correct Answer: A
Rationale: Matrimonial actions, including divorce actions, are
generally brought in Supreme Court. Family Court has broad
jurisdiction over many family matters but does not generally grant
divorces.
10.
Which court generally handles child-support proceedings brought
independently of a divorce action?
A. Family Court
B. Surrogate's Court
C. Court of Claims
D. Criminal Court
Correct Answer: A
Rationale: Family Court has statutory jurisdiction over child-support
proceedings. Family Court Act § 413 establishes parental support
obligations. (NYSenate.gov)
11.
What is the central standard in determining child custody in New
York?
A. Highest parental income
B. Best interests of the child
C. Parent who files first
D. Equal division of parenting time in every case
Correct Answer: B
Rationale: New York custody determinations focus on the child's
best interests. There is no automatic custody preference based
solely on income, filing order, or mandatory equal time.
12.
Questions, Correct Answers & Detailed Rationales
1.
Which New York statute lists the grounds upon which an action for
divorce may be maintained?
A. Domestic Relations Law § 170
B. Domestic Relations Law § 236
C. Family Court Act § 413
D. Domestic Relations Law § 240
Correct Answer: A
Rationale: Domestic Relations Law § 170 identifies the statutory
grounds for divorce, including cruel and inhuman treatment,
abandonment, imprisonment, adultery, conversion of a separation
agreement or judgment, and irretrievable breakdown.
(NYSenate.gov)
2.
Under New York's no-fault divorce provision, the marital relationship
must have broken down irretrievably for at least:
A. Three months
B. Six months
C. One year
D. Two years
Correct Answer: B
Rationale: DRL § 170(7) permits divorce where one party states
under oath that the relationship has broken down irretrievably for at
least six months. (NYSenate.gov)
3.
Which party must make the sworn statement concerning irretrievable
breakdown under DRL § 170(7)?
A. Both spouses
B. The court
,C. One party to the marriage
D. The children's attorney
Correct Answer: C
Rationale: The statute requires that one party state under oath that
the relationship has broken down irretrievably for at least six
months. (NYSenate.gov)
4.
Which of the following is a statutory ground for divorce in New York?
A. Cruel and inhuman treatment
B. Mere incompatibility lasting thirty days
C. Financial disagreement
D. Failure to attend counseling
Correct Answer: A
Rationale: Cruel and inhuman treatment is expressly listed in DRL §
170. The other circumstances are not independent statutory
grounds. (NYSenate.gov)
5.
Under DRL § 170, abandonment as a divorce ground generally
requires abandonment for:
A. Six months
B. One year or more
C. Two years
D. Five years
Correct Answer: B
Rationale: DRL § 170(2) identifies abandonment of the plaintiff by
the defendant for a period of one or more years as a divorce ground.
(NYSenate.gov)
6.
A spouse has been imprisoned for three consecutive years after the
marriage. Which statement is most accurate?
A. Imprisonment can constitute a statutory divorce ground
B. Imprisonment is never relevant to divorce
,C. Imprisonment automatically dissolves the marriage
D. Imprisonment only creates a separation action
Correct Answer: A
Rationale: DRL § 170(3) recognizes confinement of the defendant in
prison for three or more consecutive years after marriage as a
ground for divorce. (NYSenate.gov)
7.
Which conduct is specifically identified as a divorce ground under DRL
§ 170?
A. Adultery
B. Ordinary disagreement
C. Lack of affection
D. Different political opinions
Correct Answer: A
Rationale: Adultery is expressly listed as a statutory ground for
divorce under DRL § 170(4). (NYSenate.gov)
8.
Under New York's irretrievable-breakdown ground, which issues
generally must be resolved before a judgment of divorce can be
granted?
A. Only custody
B. Only property division
C. Required economic and child-related issues
D. Only attorney fees
Correct Answer: C
Rationale: DRL § 170(7) requires resolution of specified economic
issues, custody and visitation issues involving infant children, and
related matters before judgment of divorce is granted.
(NYSenate.gov)
9.
Which New York court generally has jurisdiction to grant a divorce?
, A. Supreme Court
B. Family Court exclusively
C. Surrogate's Court
D. Court of Claims
Correct Answer: A
Rationale: Matrimonial actions, including divorce actions, are
generally brought in Supreme Court. Family Court has broad
jurisdiction over many family matters but does not generally grant
divorces.
10.
Which court generally handles child-support proceedings brought
independently of a divorce action?
A. Family Court
B. Surrogate's Court
C. Court of Claims
D. Criminal Court
Correct Answer: A
Rationale: Family Court has statutory jurisdiction over child-support
proceedings. Family Court Act § 413 establishes parental support
obligations. (NYSenate.gov)
11.
What is the central standard in determining child custody in New
York?
A. Highest parental income
B. Best interests of the child
C. Parent who files first
D. Equal division of parenting time in every case
Correct Answer: B
Rationale: New York custody determinations focus on the child's
best interests. There is no automatic custody preference based
solely on income, filing order, or mandatory equal time.
12.
