NYLE: Matrimonial-Family Exam Questions and Answers 100% pass

NYLE: Matrimonial-Family Exam Questions and Answers 100% pass Common Law Marriage Does NY have it? - No, but NY will recognize out of state marriages, including common law, if 1)validly entered under law of another state 2)not barred by statute, natural law, of where marriage is offensive to public policy Three requirements for pre or post-nuptual - 1) in writing 2) subscribed by both parties 3) acknowledged or proven in the manner required to entitle a deed to be recorded Separation Agreement 2 100% Pass Guarantee Katelyn Whitman, All Rights court scrutiny - more closely scrutinized than an ordinary contract, but set aside only when there is unconscionably or agreement is "manifestly unfair to a spouse because of the other's overreaching." How to establish no fault for NF divorce - one party states under oath that the relationship has broken down irretrievably for a period of at least 6 months prior to commencement of the action Equitable distribution presumption? - no presumption of equal division; courts use 14 factors Define marital property - property acquired by either or both spouse during the marriage and before execution of separation agreement or commencement of matrimonial action. Includes 1) interspousal gifts 2) pension benefits 3)professional practices --but not earning capacity due to prof license 3 100% Pass Guarantee Katelyn Whitman, All Rights ----now considered during equitable distribution 4) the appreciation in value of separate ppty due to non-titled spouse's direct or indirect contribution Spousal Maintenance how figured? when does it terminate? - Courts may award temp and post-divorce maintenance employing a mathematical formula based on incomes; weighing several factors to determine duration, incl --assets --retirement benefits --eligibility age may revisit at retirement if cannot be determine