frequently used terms
Wherever the word "divorce" is used in the
statutes, it has the same meaning as "dissolution" or
"dis-solution of marriage."
Minn. Stat. sec. 518.002
Matters involving domestic relations, which includes child custody, dissolutions, spousal maintenance and child support, use specific terminology which is defined in Minnesota Statute section 518.003. These frequently used terms are defined by law as follows unless another meaning is clearly shown by the context of the term:
Custody: (a) "Legal custody" means the right to determine the child's upbringing, including education, healthcare, and religious training.
(b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
(c) "Physical custody and residence" means the routine daily care, control and the residence of the child.
(d) "Joint physical custody" means that the routine daily care, control and the residence of the child is structured between the parties. If the parties mutually agree to a joint physical custody arrangement, the parties can work together to structure the joint physical custody arrangement based on the needs of the children and the desires of the parties.
(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.
(f) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person. If the parties cannot reach an agreement on custody, the court will impose a custodial structure on them. Most people find that a custodial arrangement mutually agreed to between the parties works better over time than a custodial arrangement imposed by the Judge.
(g) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation. A custody proceeding such as in proceedings involving children who are in need of protection or services (sometimes referred to as CHIPS proceedings or child protection proceedings), domestic abuse, and paternity actions.
"Parenting time" means the time a parent spends with a child regardless of the custodial designation regarding the child.
Maintenance is the term used in Minnesota to refer to what is often called alimony. In Minnesota law "Maintenance" is an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other. Maintenance can be either temporary or permanent depending on the facts and circumstances of the people involved.
In a dissolution, legal separation, or annulment proceeding, "Marital property" means property, real or personal, including vested public or private pension plan benefits or rights. The term marital property applies to all real and personal property acquired jointly by the parties, or either of them individually, at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation defined by statute. All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common ownership in marital property. Each spouses’ common ownership shall be deemed to vests not later than the time of the entry of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held individually by only one spouse, the interest in the real property of the non-titled spouse is not subject to claims of creditors or judgment or tax liens until the time of entry of the decree awarding an interest to the non-titled spouse. The presumption of marital property is overcome by a showing that the property is non-marital property.
"Non-marital property" is real or personal property, acquired by either spouse before, during, or after the existence of their marriage, which:
(a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
(b) is acquired before the marriage;
(c) is acquired in exchange for, or is the increase in value of, property which is described in clauses (a),(b), (d), and (e);
(d) is acquired by a spouse after the valuation date; or
(e) is excluded by a valid antenuptial contract (sometimes called a pre-nuptial contract).
"Mediation" means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding.
"Pension plan benefits or rights" means a benefit or right from a public or private pension plan accrued to the end of the month in which marital assets are valued, as determined under the terms of the laws or other plan document provisions governing the plan.
"Private pension plan" means a plan, fund, or program maintained by an employer or employee organization that provides retirement income to employees or results in a deferral of income by employees for a period extending to the termination of covered employment or beyond.
"Public pension plan" means a pension plan or fund specified in section 356.20, subdivision 2, or 356.30, subdivision 3, the deferred compensation plan specified in section 352.965, or any retirement or pension plan or fund, including a supplemental retirement plan or fund, established, maintained, or supported by a governmental subdivision or public body whose revenues are derived from taxation, fees, assessments, or from other public sources.
"Residence" means the place where a party has established a permanent home from which the party has no present intention of moving.
This information is provided as a guideline only and not specific legal advice regarding a specific factual or legal situation. Persons involved in, or commencing, a legal action should consult with a qualified attorney and/or the specific statutes applicable to their matter.
Matters involving domestic relations, which includes child custody, dissolutions, spousal maintenance and child support, use specific terminology which is defined in Minnesota Statute section 518.003. These frequently used terms are defined by law as follows unless another meaning is clearly shown by the context of the term:
Custody: (a) "Legal custody" means the right to determine the child's upbringing, including education, healthcare, and religious training.
(b) "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
(c) "Physical custody and residence" means the routine daily care, control and the residence of the child.
(d) "Joint physical custody" means that the routine daily care, control and the residence of the child is structured between the parties. If the parties mutually agree to a joint physical custody arrangement, the parties can work together to structure the joint physical custody arrangement based on the needs of the children and the desires of the parties.
(e) Wherever used in this chapter, the term "custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.
(f) "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person. If the parties cannot reach an agreement on custody, the court will impose a custodial structure on them. Most people find that a custodial arrangement mutually agreed to between the parties works better over time than a custodial arrangement imposed by the Judge.
(g) "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation. A custody proceeding such as in proceedings involving children who are in need of protection or services (sometimes referred to as CHIPS proceedings or child protection proceedings), domestic abuse, and paternity actions.
"Parenting time" means the time a parent spends with a child regardless of the custodial designation regarding the child.
Maintenance is the term used in Minnesota to refer to what is often called alimony. In Minnesota law "Maintenance" is an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other. Maintenance can be either temporary or permanent depending on the facts and circumstances of the people involved.
In a dissolution, legal separation, or annulment proceeding, "Marital property" means property, real or personal, including vested public or private pension plan benefits or rights. The term marital property applies to all real and personal property acquired jointly by the parties, or either of them individually, at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation defined by statute. All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common ownership in marital property. Each spouses’ common ownership shall be deemed to vests not later than the time of the entry of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held individually by only one spouse, the interest in the real property of the non-titled spouse is not subject to claims of creditors or judgment or tax liens until the time of entry of the decree awarding an interest to the non-titled spouse. The presumption of marital property is overcome by a showing that the property is non-marital property.
"Non-marital property" is real or personal property, acquired by either spouse before, during, or after the existence of their marriage, which:
(a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
(b) is acquired before the marriage;
(c) is acquired in exchange for, or is the increase in value of, property which is described in clauses (a),(b), (d), and (e);
(d) is acquired by a spouse after the valuation date; or
(e) is excluded by a valid antenuptial contract (sometimes called a pre-nuptial contract).
"Mediation" means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding.
"Pension plan benefits or rights" means a benefit or right from a public or private pension plan accrued to the end of the month in which marital assets are valued, as determined under the terms of the laws or other plan document provisions governing the plan.
"Private pension plan" means a plan, fund, or program maintained by an employer or employee organization that provides retirement income to employees or results in a deferral of income by employees for a period extending to the termination of covered employment or beyond.
"Public pension plan" means a pension plan or fund specified in section 356.20, subdivision 2, or 356.30, subdivision 3, the deferred compensation plan specified in section 352.965, or any retirement or pension plan or fund, including a supplemental retirement plan or fund, established, maintained, or supported by a governmental subdivision or public body whose revenues are derived from taxation, fees, assessments, or from other public sources.
"Residence" means the place where a party has established a permanent home from which the party has no present intention of moving.
This information is provided as a guideline only and not specific legal advice regarding a specific factual or legal situation. Persons involved in, or commencing, a legal action should consult with a qualified attorney and/or the specific statutes applicable to their matter.