MN Bar Family Law and Domestic Relations 2

Question 1

Under Minnesota law, which court has jurisdiction over dissolution of marriage proceedings?

Accepted Answer

The district court in the county where either spouse resides

Answer

Under Minn. Stat. § 518.09, dissolution proceedings are filed in the district court in any county where either party resides.

Question 2

In Minnesota, the Hague Convention on the Civil Aspects of International Child Abduction applies when:

Accepted Answer

A child is wrongfully removed to or retained in a foreign signatory country

Answer

The Hague Convention applies when a child under 16 is wrongfully removed to or retained in a country that is a party to the Convention, in violation of custody rights.

Question 3

Under the Minnesota Domestic Abuse Act, an order for protection (OFP) can be issued:

Accepted Answer

Ex parte upon a showing of immediate danger of domestic abuse

Answer

Under Minn. Stat. § 518B.01, an ex parte OFP may be issued without the respondent present upon a showing that there is immediate danger of domestic abuse.

Question 4

Under Minnesota's Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), home state jurisdiction requires the child to have lived in Minnesota for:

Accepted Answer

6 months immediately before the proceeding

Answer

Under Minn. Stat. § 518D.102, Minnesota is the child's home state if the child lived there for at least six consecutive months immediately before the custody proceeding.

Question 5

In Minnesota, legal separation differs from dissolution of marriage in that:

Accepted Answer

Legal separation does not terminate the marital status

Answer

Legal separation under Minn. Stat. § 518.06 allows the court to divide property and set support but does not terminate the marriage, leaving the parties legally married.

MN Bar - Minnesota Bar Exam Practice Test

MN Bar - Minnesota Bar Exam Practice Test

MN Bar Family Law and Domestic Relations 2