New York Law (NYLE) Practice Exam

In a divorce action commenced in New York by a husband who has lived there for three years, what determines the court's jurisdiction over marital property?

1. No, because the parties were not married in New York.

2. No, because the parties never resided together in New York.

3. Yes, because the husband has continuously resided in New York for three years.

4. Yes, because the husband is a current resident of New York, regardless of the length of his residency.

The correct answer is: Yes, because the husband has continuously resided in New York for three years.

Jurisdiction over marital property in a divorce action in New York is primarily based on the residency of the parties involved. In this scenario, the husband has lived in New York for three years, which establishes a significant connection to the state. Under New York law, specifically Domestic Relations Law, a court can have jurisdiction over the marital property if at least one spouse is a resident of New York at the time the divorce action is commenced. This residency requirement means that the court can adjudicate matters related to the distribution of marital property, as the state has a vested interest in governing the legal rights and responsibilities of its residents in matters of family law. The length of the husband’s residency satisfies the jurisdictional requirement to allow the New York courts to handle the equitable distribution of any marital assets. Factors like where the marriage took place or whether the parties lived together in New York do not affect the court's jurisdiction over marital property as long as one spouse meets the residency criteria. Thus, the husband's continuous residency in New York for three years clearly establishes the court's authority to determine issues surrounding marital property in this divorce action.