DRL 10

Question 1

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

1. Cruel and inhuman treatment of plaintiff by defendant.
2. Abandonment for period of _______ or more years.
3. Confinement of defendant in prison for _______ or more years after marriage.
4. Adultery.
5. Living apart for one or more years pursuant to decree or judgment of separation.
6. Living apart for one or more years pursuant to agreement or memorandum of agreement filed with the clerk of the county where either party resides, containing:

• a) names and addresses of parties
• b) date of marriage of parties
• c) date of agreement of separation
• d) date of this subscription and acknowledgment or proof of such agreement of separation.

7. If, as per at least one party, that relationship has broken down for period of at least _______ months.

Answer 1

One ……3………6

Question 2

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

1. _______ and inhuman treatment of plaintiff by defendant.

Answer 2

Cruel

Question 3

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

2. Abandonment for period of _________ or more years.

Answer 3

one

Question 4

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

3. Confinement of defendant in prison for ___________ or more years after marriage.

Answer 4

3

Question 5

170A ction for divorce.

Action for divorce may be maintained on any of the following grounds:

4._____________.

Answer 5

170A ction for divorce.

Action for divorce may be maintained on any of the following grounds:

4. Adultery.

Question 6

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

5. Living apart for _______ or more years pursuant to decree or judgment of separation.

Answer 6

one

Question 7

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

6. Living apart for ______ or more years pursuant to agreement or memorandum of agreement filed with the clerk of the county where either party resides, containing:

a) names and addresses of parties
b) date of marriage of parties
c) date of agreement of separation
d) date of this subscription and acknowledgment or proof of such agreement of separation.

Answer 7

one

Question 8

170 Action for divorce.

Action for divorce may be maintained on any of the following grounds:

7. If, as per at least one party, that relationship has broken down for period of at least ______ months.

Answer 8

6

Question 9

170-a. Special action.

a. A spouse against whom a decree of divorce has been obtained by the husband and wife living apart for one or more years or living separate pursuant to a written agreement, where the decree, judgment or Living apart for one or more years pursuant to agreement or memorandum of agreement filed with the clerk of the county where either party resides, where the decree, judgment or agreement of separation was obtained or entered into prior to January twenty-first, nineteen hundred seventy, may institute an action in which there shall be recoverable, in addition to any rights under this or any other provisions of law, an amount equivalent to the value of any economic and property rights of which the spouse was deprived by virtue of such decree, except where the grounds for the separation judgment would have excluded recovery of economic and property rights.

Answer 9

170-a. Special action.

a. A spouse against whom a decree of divorce has been obtained by husband and wife living apart for one or more years pursuant to decree or judgment of separation or under the provisions of subdivision five or six of section one hundred seventy of this chapter, where the decree, judgment or agreement of separation was obtained or entered into prior to January twenty-first, nineteen hundred seventy, may institute an action in which there shall be recoverable, in addition to any rights under this or any other provisions of law, an amount equivalent to the value of any economic and property rights of which the spouse was deprived by virtue of such decree, except where the grounds for the separation judgment would have excluded recovery of economic and property rights.

Question 10

170-a. Special action.

b. In determining the value of the economic and property rights described in subdivision a hereof, the plaintiff’s interest shall be calculated as though the defendant died _________ and as if the death of the defendant had immediately antedated the divorce.

Answer 10

intestate

Question 11

170-a. Special action.

c. If the defendant shall establish that intervening circumstances have rendered an award described in subdivision a hereof inequitable, the court may award to the plaintiff such portion of such economic and property rights as justice may require.

Answer 11

170-a. Special action.

c. If the defendant shall establish that intervening circumstances have rendered an award described in subdivision a hereof inequitable, the court may award to the plaintiff such portion of such economic and property rights as justice may require.

Question 12

170-a. Special action.

If the defendant shall establish that the plaintiff has expressly or impliedly waived all or some portion of the aforesaid economic or property rights, the court shall deny recovery of all such rights, or deny recovery of the portion of such rights as justice may require.

Answer 12

170-a. Special action.

If the defendant shall establish that the plaintiff has expressly or impliedly waived all or some portion of the aforesaid economic or property rights, the court shall deny recovery of all such rights, or deny recovery of the portion of such rights as justice may require.

Question 13

170-a. Special action.

Actions under this subdivision may be brought:

(i) Within _____________ years of the enactment of this section, or
(ii) Within _________ years of the obtainment of the subject divorce, whichever is later.

Answer 13

Two ….. two

Question 14

171 When divorce denied, although adultery proved

The plaintiff is not entitled to divorce, although adultery is established:

1. where the offense was committed by the procurement or with connivance of plaintiff
2. where offense was forgiven by the plaintiff
3. where action was not commenced within ________ years of offense charged
4. where plaintiff has also been guilty of adultery

Answer 14

5

Question 15

172 Co-respondent as party

• In an action for divorce based on adultery, plaintiff or defendant may serve a copy of his pleading on a co-respondent who may within ____________ of such service appear to defend action as far as issues affect him.
• If no such service is made, co-respondent may before entry of judgment, make a written demand on any party for a copy of summons and pleadings served by such party.
• Service of demanded summons and pleadings must be made within __________ of service of demand.
• If none of the adultery allegations against the co-respondent are proved, the co¬ respondent is entitled to costs against the person naming him as co-respondent.

Answer 15

20 days ……… 10 days

Question 16

173 Jury trial

In a divorce action, there is a right to _____________ .

Answer 16

trial by jury

Question 17

175 Legitimacy of children

If a divorce action is brought by wife, ____________ born or begotten before commission of offense charged, action is not affected by judgment dissolving the marriage.

Answer 17

legitimacy of children

Question 18

175 Legitimacy of children

If divorce action is brought by the husband, legitimacy of children born or begotten before the commission of the offense charged is not affected by the judgment dissolving the marriage.

Answer 18

175 Legitimacy of children

If divorce action is brought by the husband and legitimacy of children born or begotten before the commencement of the action is not affected by the judgment dissolving the marriage.

Question 19

175 Legitimacy of children

Legitimacy of any child of wife may be determined as one of ______

Answer 19

issues of the action.

Question 20

175 Legitimacy of children

In absence of contrary proof, legitimacy of children begotten ___________________must be presumed.

Answer 20

before start of action