MN Bar Family Law and Domestic Relations 1

Question 1

In Minnesota, which standard governs all decisions about child custody and parenting time?

Accepted Answer

The best interests of the child

Answer

The primary caretaker presumption

Answer

Joint custody unless harm is shown

Answer

The wishes of the parent with higher income

Question 2

Under Minnesota law, marital property subject to division upon divorce generally includes:

Accepted Answer

Property acquired during the marriage by either spouse

Answer

Property owned before the marriage

Answer

Property inherited by one spouse during marriage

Answer

Gifts received by one spouse from a third party

Question 3

In Minnesota, spousal maintenance (alimony) may be awarded when:

Accepted Answer

The requesting spouse lacks sufficient income or assets to meet their reasonable needs

Answer

Either party requests it regardless of need

Answer

The marriage lasted more than 10 years in all cases

Answer

The other spouse committed marital misconduct

Question 4

Under Minnesota law, a premarital (antenuptial) agreement is enforceable if:

Accepted Answer

It was entered voluntarily and is not unconscionable at enforcement

Answer

It is oral and witnessed by two people

Answer

It waives both parties' rights to marital property

Answer

It is filed with the district court before marriage

Question 5

In Minnesota, which ground for divorce is recognized?

Accepted Answer

Irreconcilable differences — irretrievable breakdown of the marriage

Answer

Adultery

Answer

Cruelty

Answer

Abandonment for one year

Question 6

Under Minnesota law, how is child support calculated?

Accepted Answer

Using the income shares model based on both parents' incomes and parenting time

Answer

Based on the custodial parent's income only

Answer

At the court's absolute discretion with no guidelines

Answer

As a flat percentage of the non-custodial parent's gross income