New York Law (NYLE) Practice Exam

What is a requirement for granting a divorce based on irretrievable breakdown of marriage?

1. Only one party needs to agree to the breakdown.

2. All economic issues and all custody matters must be resolved.

3. The couple must be married for at least one year.

4. The grounds for divorce must be filed in a specific manner.

The correct answer is: All economic issues and all custody matters must be resolved.

The correct answer highlights the necessity for all economic issues and custody matters to be resolved before granting a divorce based on an irretrievable breakdown of marriage in New York. This requirement is essential because it ensures that all aspects of the couple’s shared responsibilities are fully addressed, which prevents future disputes that may arise from unresolved financial or custodial issues. By requiring these matters to be resolved, the court can facilitate a smoother divorce process and transition for both parties, especially when children are involved. This approach emphasizes the court's focus on the welfare of any children from the marriage and the equitable distribution of assets, which are critical components of divorce proceedings. Addressing these issues up front also helps to promote finality and closure, allowing both parties to move on without lingering conflicts. The other options do not reflect the legal requirements accurately—only one party's agreement is not sufficient for a breakdown divorce, the length of the marriage is not specified as a condition for this type of divorce, and while specific procedural requirements are involved, the manner of filing is not tied to the irretrievable breakdown itself.