Family Law and Domestic Relations Flashcards

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

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.

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

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.

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

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.

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

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.

In Minnesota, which ground for divorce is recognized?

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.

Under Minnesota law, how is child support calculated?

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.