MN Bar Family Law and Domestic Relations 1 — Questions and Answers
Question 1: In Minnesota, which standard governs all decisions about child custody and parenting time?
- The primary caretaker presumption
- The best interests of the child (Correct answer)
- Joint custody unless harm is shown
- The wishes of the parent with higher income
Correct answer: The best interests of the child
Under Minn. Stat. § 518.17, all custody and parenting time determinations in Minnesota are governed by the best interests of the child standard.
Question 2: Under Minnesota law, marital property subject to division upon divorce generally includes:
- Property owned before the marriage
- Property inherited by one spouse during marriage
- Property acquired during the marriage by either spouse (Correct answer)
- Gifts received by one spouse from a third party
Correct answer: Property acquired during the marriage by either spouse
Under Minn. Stat. § 518.003, marital property includes all property real or personal acquired by either spouse during the marriage, regardless of how title is held.
Question 3: In Minnesota, spousal maintenance (alimony) may be awarded when:
- Either party requests it regardless of need
- The requesting spouse lacks sufficient income or assets to meet their reasonable needs (Correct answer)
- The marriage lasted more than 10 years in all cases
- The other spouse committed marital misconduct
Correct answer: The requesting spouse lacks sufficient income or assets to meet their reasonable needs
Under Minn. Stat. § 518.552, spousal maintenance is available when the requesting spouse cannot meet reasonable needs through their property or employment.
Question 4: Under Minnesota law, a premarital (antenuptial) agreement is enforceable if:
- It is oral and witnessed by two people
- It was entered voluntarily and is not unconscionable at enforcement (Correct answer)
- It waives both parties' rights to marital property
- It is filed with the district court before marriage
Correct answer: It was entered voluntarily and is not unconscionable at enforcement
Under Minn. Stat. § 519.11, a premarital agreement is enforceable if it was entered voluntarily, with fair disclosure, and is not unconscionable at the time of enforcement.
Question 5: In Minnesota, which ground for divorce is recognized?
- Adultery
- Cruelty
- Irreconcilable differences — irretrievable breakdown of the marriage (Correct answer)
- Abandonment for one year
Correct answer: Irreconcilable differences — irretrievable breakdown of the marriage
Minnesota is a no-fault divorce state; the only ground is irretrievable breakdown of the marriage under Minn. Stat. § 518.06.
Question 6: Under Minnesota law, how is child support calculated?
- Based on the custodial parent's income only
- At the court's absolute discretion with no guidelines
- Using the income shares model based on both parents' incomes and parenting time (Correct answer)
- As a flat percentage of the non-custodial parent's gross income
Correct answer: Using the income shares model based on both parents' incomes and parenting time
Minnesota uses an income shares model under Minn. Stat. § 518A.34 that considers both parents' gross incomes and the parenting time schedule to calculate child support.
MN Bar Family Law and Domestic Relations 1
In Minnesota, which standard governs all decisions about child custody and parenting time?