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Divorce in New York State Trivia Quiz

New York State has many differences from most other states in its law regarding divorce. Here is a short, interesting ride through a tumultuous topic. All questions are based on New York State law.

A multiple-choice quiz by gordonis99. Estimated time: 6 mins.

Author
gordonis99

Time
6 mins

Type
Multiple Choice

Quiz #
272,352

Updated
Dec 03 21

# Qns
10

Difficulty
Tough

Avg Score
5 / 10

Plays
430

One at a Time - Single Page - Timed Game

Question 1 of 10

1. Ren and Stimpy have been married for about 20 years, and decide that they just don't feel the love anymore. They can obtain a divorce based upon their irreconcilable differences.

True

False

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Question 2 of 10

2. George wants to divorce Barbara and he thinks he has all kinds of grounds to go forward with the action! Which of the following is NOT one of the statutory grounds for divorce in New York State? Hint

You and your spouse live according to a separation agreement for at least one year

Your spouse refuses to have sexual intercourse with you after repeated requests, without a valid reason

Your spouse treats you in a manner that makes it unsafe or improper for you to continue on as a married couple

Your spouse has sex with another man, at your request, so that you can use adultery as grounds for divorce

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Question 3 of 10

3. You met her in a club down in old Soho. You got married and now hate your new spouse, Lola. But you just can't seem to decide what ground to use for divorce. What is the most commonly used ground for divorce in New York State? Hint

Adultery

Irreconcilable differences

Spouse has been incarcerated for at least 5 years

Cruel and inhuman treatment

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Question 4 of 10

4. When Dick and Jane get divorced, all of their assets must be identified and divided up. In New York State, this process is called what type of distribution? Hint

equation

equal

equitable

spousal

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Question 5 of 10

5. Jimmy Hoffa decided to get divorced. Being active in a union, he had a substantial pension and he knew that his wife would be entitled to some portion of it, since he had accrued some of the benefits during the course of the marriage. What was the name of the famous New York State Court of Appeals case from 1984 that created the general rule for the division of pension benefits? Hint

Clinton v. Lewinski

Miller v. Miller

Majauskas v. Majauskas

Kramer v. Kramer

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Question 6 of 10

6. Leia and Han were recently divorced, and they had one child, Jacen. Their divorce was hotly contested, and after a trial before a Judge Vader, Han was awarded sole custody of Jacen. Which of the following is true about an award of sole custody in this situation? Hint

Han gets to make all major decisions regarding the child

Because the force is strong in him, Jacen gets to decide how often he wants to see Leia

Leia is not allowed to have any contact with the child

Leia must approve Han's choice of religion for Jacen

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Question 7 of 10

7. In New York State, if Ken wants to divorce Barbie, in what Court should he file his Summons and Complaint? Hint

The Court of Appeals

The Supreme Court

The Family Court

The People's Court

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Question 8 of 10

8. Simon Cowell is ready to get married, but... he thinks he needs a prenuptial agreement to protect his vast fortune. Being a fair and reasonable kind of guy, he is willing to let his future wife, Ugly Betty, have all marital property the two might acquire, with a few minor exceptions. Marital property is generally defined as any and all assets acquired between the date of marriage and the date a divorce is granted.

True

False

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Question 9 of 10

9. If Brad and Angelina were married, and had no children (I know it's a stretch) and sought a divorce, what provisions of New York State Law would generally be most applicable? Hint

The Law of Supply and Demand

Family Law Section 424-a

Domestic Relations Law Section 263-B

Human Rights Law Section 296

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Question 10 of 10

10. Dr. Huxtable decided to divorce his wife, Camille. Camille worked as a lawyer while the good doctor went through medical school. During the divorce, Camille learns that she has an interest in the present value of Dr. Huxtable's medical license and enhanced earning capacity due to her contributions to his education during the marriage. What landmark 1985 case decided by the New York State Court of Appeals is going to make Dr. Huxtable pay Mrs. Huxtable through the nose for years to come? Hint

O'Boyle v. O'Boyle

Kermit v. Piggy

Kramer v. Kramer

O'Brien v. O'Brien

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Quiz Answer Key and Fun Facts

1. Ren and Stimpy have been married for about 20 years, and decide that they just don't feel the love anymore. They can obtain a divorce based upon their irreconcilable differences.

Answer: False

New York is one of the few states that requires the plaintiff in a divorce to prove that he or she has sufficient grounds for the divorce to be granted, and irreconcilable differences is not one of the statutory grounds found in the Domestic Relations Law.

Answer: Your spouse has sex with another man, at your request, so that you can use adultery as grounds for divorce

Procurement of an adulterous liaison will not suffice as a ground for divorce in New York State.

Answer: Cruel and inhuman treatment

Cruel and inhuman treatment is generally recognized as the "catch-all" ground for divorce.

4. When Dick and Jane get divorced, all of their assets must be identified and divided up. In New York State, this process is called what type of distribution?

Answer: equitable

An important thing to remember is that "Equitable Distribution" does not mean "Equal Distribution."

Answer: Majauskas v. Majauskas

The decision in Majauskas v. Majauskas has spawned what has come to be known as a "Majauskas Share" of pension benefits. The Majauskas share is most often a percentage of a fraction, defined as having a numerator equal to the total number of months of pension benefits accrued during the course of the marriage, and the denominator of which is equal to the total number of months of pension benefits accrued by the participant.

Answer: Han gets to make all major decisions regarding the child

Although he may think the Force is just some hokey religion, and Leia may have some strong feelings about it in the other direction, an award of sole custody will permit Han to choose Jacen's religion, and make most other major decisions for Jacen without consulting Leia. An award of sole custody does not, necessarily, prohibit contact and visitation with the non-custodial parent.

7. In New York State, if Ken wants to divorce Barbie, in what Court should he file his Summons and Complaint?

Answer: The Supreme Court

In New York State, the Supreme Court is the trial level court and has jurisdiction over divorce proceedings. The Court of Appeals is the highest level court in the state and hears mostly appeals from the Appellate Divisions of the Supreme Court. Family Court is a court of limited jurisdiction and may not hear a cause of action for divorce. The People's Court... no comment.

Answer: False

Marital property is generally defined as any and all assets acquired between the date of marriage and the date of commencement of the divorce proceeding. After commencement (usually by filing a Summons with Notice) an actual Judgment of Divorce may not be granted and filed for over a year or more in some cases.

9. If Brad and Angelina were married, and had no children (I know it's a stretch) and sought a divorce, what provisions of New York State Law would generally be most applicable?

Answer: Domestic Relations Law Section 263-B

Domestic Relations Law 236-B contains many provisions relevant to divorce, including financial disclosure provisions. Family Law Section 424-a is applicable to child support cases heard in Family Court. Human Rights Law is applicable to businesses and their treatment of employees.

Answer: O'Brien v. O'Brien

In O'Brien v. O'Brien, the Court of Appeals decided that spouse X has an interest in the enhanced earning capacity of spouse Y, where spouse X contributed to that education during the course of the marriage. Thus, the enhanced earning capacity must be evaluated and reduced to its present value, and equitably distributed in the divorce.

Source: Author gordonis99

This quiz was reviewed by FunTrivia editor trident before going online.
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