FAMILY LAW
Professor Franks
Final Examination, Spring 2015
GENERAL INSTRUCTIONS
1. Carefully analyze the facts and grasp the issues in each question before beginning to
write. Spend time reading the question slowly and carefully.
2. State the issues and answers to each question concisely. Lengthy answers are not
necessary.
3. Do not repeat questions in your answers. Write neatly and legibly on only one side of
each page.
4. Number your answers to correspond with the question, e.g., "II-7."
5. Do not write in the margin of the book.
6. All questions are equally weighted unless otherwise indicated.
7. Write your personal identification number and the name and section number of the
course on which you are being examined on the cover of each examination book.
QUESTION I
33.3 per cent of test
I.
Please answer the following ten questions with "true" or "false." Discussion will not
receive extra credit.
1. Some common-law marriages are recognized in Louisiana.
2. A clergyman may register with the clerk of court in a parish other than the one in which
he or she intends to perform the marriage.
3. A custodial parent in Louisiana may listen in upon, eavesdrop or tape record the
telephone conversations that his or her minor children have with others without first
telling at least one party to the conversation (the child or the other party).
4. In Louisiana, a person may be awarded final periodic spousal support only if the other
spouse is at fault.
5. In Louisiana, continual bickering and fussing at one’s spouse for spending money on his
or her adult children by a prior marriage is fault precluding an award of final periodic
spousal support.
6.
A Louisianian under interdiction who wants a divorce cannot file even if his curator
approves.
7. If persons simply cohabiting together in Louisiana have a child and the man feels it
might not be his, he has two years to file for disavowal after learning of the birth of the
child.
8. If a person is sued and divorce granted in Louisiana on grounds of the defendant’s
adultery and if no spousal support is claimed, and if two years later the plaintiff asks for
final periodic spousal support, the defendant may make a showing of mutual fault to
prevent an award of support.
9. “Fault” for preclusion of final periodic spousal support in Louisiana could include
unjustified and persistent refusal of sexual intercourse..
10. Children from intact homes generally do better in life emotionally than children of
divorce.
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QUESTION II
66.7 per cent of test
II.
1.
2.
3.
Please answer the following twenty questions.
Which of the following is not essential to a marriage in Louisiana?
A.
Absence of a legal impediment
B.
A marriage ceremony
C.
A marriage license
D.
Free consent of the parties expressed at the ceremony
Which of the following is not one of the kinds of tutorship specified in the civil code?
A.
Tutorship by will
B.
Tutorship by trust
C.
Tutorship by nature
D.
Tutorship by effect of law
Mini-hypo for Question 3: As soon as the parties separated, the husband moved from
Louisiana to Texas. The wife, remaining in Louisiana, was first to file for divorce, and
the Louisiana court quickly gave her an award of interim spousal support. Then the
husband filed for divorce in Texas. In his ex parte Texas divorce, the Texas court was
first to grant a divorce, but no other relief. Which of the following is true:
A.
If shown to the Louisiana court, the Texas judgment will neither terminate
interim support nor prevent the wife from asking the Louisiana court for
final periodic spousal support.
B.
If shown to the Louisiana court, the Texas judgment will terminate interim
support immediately or after expiry of six months following the Texas
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divorce, but not prevent the wife from asking the Louisiana court for final
periodic spousal support.
4.
5.
6.
C.
If shown to the Louisiana court, the Texas judgment will terminate interim
support after expiry of six months following the Texas divorce and prevent
the wife from asking the Louisiana court for final periodic spousal support.
D.
If shown to the Louisiana court, the Texas judgment will only preclude the
wife from obtaining final periodic spousal support in Louisiana.
Which of the following may parties to an antenuptial agreement not do?
A.
Waive interim spousal support
B.
Waive final periodic spousal support
C.
Provide that no property shall be considered community property
D.
Acknowledge paternity of the couple’s child born prior to the marriage
To what types of cases does the test in Bergeron apply?
A.
Modifications of child custody by agreement
B.
Modifications of decrees of custody considered by the court
C.
Modifications of all matters of permanent custody
D.
All of the above
Mini-hypo for Questions 6 and 7: The parties were married in Las Vegas (Clark County),
Nevada. Husband and wife lived together in Zachary (East Baton Rouge Parish),
Louisiana. They separate. He moves to Memphis (Shelby County), Tennessee. She
moves to Chicago (Cook County), Illinois. Where may the husband file for divorce?
A.
East Baton Rouge Parish, Shelby County, or Cook County
B.
Only in Shelby County, Tennessee
C.
Cook County, Shelby County or Clark County
D.
Cook County or Shelby County
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7.
8.
9.
In the above hypothetical, if the wife wants a divorce court to award her land that the
parties own in Pulaski County, Arkansas. In which of the following counties should she
file her divorce (assuming her husband has not already filed)?
A.
Only in Cook County, Illinois
B.
Only in Clark County, Nevada
C.
Only in East Baton Rouge Parish, Louisiana
D.
Only in Pulaski County, Arkansas
Which of the following is not one of the 12 factors Louisiana Civil Code article 134
requires a court to consider in determining custody?
A.
The capacity and disposition of each party to provide the child with food,
clothing, medical care, and other material needs
B.
The marital history of each party and their relationship with children born
of other relationships
C.
The willingness and ability of each party to facilitate and encourage a
close relationship between the child and the other party
D.
The moral fitness of each party
Which of the following is not a ground for divorce under Article 103?
A.
Living separate and apart continuously without reconciliation for the
requisite period of time prior to the filing of the petition.
B.
Living separate and apart continuously without reconciliation for the
requisite period of time prior to filing the rule to show cause.
C.
The other spouse has committed adultery.
D.
The other spouse has committed a felony and been sentenced to death or
imprisonment at hard labor.
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10.
11.
12.
Child custody may be awarded to a nonparent only if:
A.
An award to either or both parents would result in substantial harm to the
child.
B.
An award to either or both parents is not in the best interests of the child.
C.
Any time it is shown that the child has been living in a wholesome and
stable environment with the nonparent and that the nonparent can provide
an adequate and stable environment for the child.
D.
Any time one of the parents is deceased and his or her grandparents wish
to share with the living parent joint responsibility for raising the child.
Mini-hypo for Question 11: An unemancipated 17-year-old held a summer job at a cityrun daycare program. The 17-year-old left the children unattended by stepping outside
for a cigarette. In his absence, a two-year-old climbed a ladder propped against the wall,
fell down, hit his head, and died. The mother and father of the 17-year-old are separated.
The father has moved to Texas, and the child resides with the mother in Louisiana. No
custody order has been entered by the court. Who has liability for the negligent tort of the
17-year-old?
A.
The child and the child’s employer, the city
B.
The child, the city and the father
C.
The child, the city and the mother
D.
Just the city
A child born out of wedlock may not be acknowledged in which of the following ways:
A.
By signing the birth certificate
B.
By authentic act for the specific purpose of acknowledgment
C.
By authentic act primarily for some other purpose (as to sell land)
D.
By cohabiting with the mother after birth of the child for more than one
year
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13.
14.
15.
Mini-hypo for Question 13. Two gay males marry in Massachusetts, where such
marriages are legal. One of them then moves to Louisiana. He now wishes a divorce so
he can marry a female. Which of the following is correct?
A.
He can obtain an ex parte divorce after he has been here six months.
B.
He has no option but to return to Massachusetts and file for divorce there.
C.
He can seek an annulment here, along with a declaratory judgment that the
Massachusetts marriage is not entitled to be recognized in this or any other
state including Massachusetts.
D.
He need do nothing, as Louisiana does not recognize such marriages.
If in a divorce child support is awarded for a child who is severely disabled and requires
constant around-the-clock care, the support order in the divorce case:
A.
Continues automatically beyond the child reaching the age of majority
B.
Continues beyond the child reaching majority only if extended by the
divorce court before the child’s reaching majority
C.
Terminates automatically upon the child reaching the age of majority
D.
Continues beyond the child reaching majority only if extended by the
divorce court by order entered within three years after the child reached
majority
Mini-hypo for Question 15: The parties lived in Louisiana. The mother took their
children and moved to Washington (the state). Five months and 29 days after the mother
left Louisiana, the father filed suit in Louisiana, asking custody. Six months and a day
after arriving in Washington, the mother filed suit in Washington, asking custody.
A.
Washington has jurisdiction, as that state is now the home state of the
children.
B.
Louisiana has jurisdiction, and Washington must respect any Louisiana
judgment.
C.
The husband should enter an appearance in the action in Washington.
D.
Washington has jurisdiction under the second tier of UCCJEA, as the
children now have significant connections with Washington.
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16.
17.
18.
Which of the following is not one of the ways in which a marriage terminates in
Louisiana?
A.
Death of either spouse
B.
Divorce
C.
Declaration of nullity of absolutely null marriage
D.
Court order authorizing spouse of person presumed dead to remarry
Which of the following is not true of a relatively null marriage?
A.
An annulment is necessary to terminate the marriage.
B.
Anyone at interest may file for an annulment.
C.
The marriage may be ratified by remaining in it after regaining one’s
discernment.
D.
Effective date of annulment is date of judgment.
Which of the following is not true of a divorce under Article 102?
A.
The period of separation is 180 days if there are no minor children and
365 days if there are.
B.
An “immediate divorce” may be granted in cases of adultery.
C.
A petition must be filed to commence the action.
D.
The cause of action is extinguished by reconciliation.
(Questions continue on following page.)
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19.
20.
Mini-hypo for Questions 19 and 20: Your client was born and raised in Louisiana. Her
husband is from Texas. They married eight years ago in Louisiana, and they moved to
Texas, where they had two children and lived together for eight years. She separated and
last week moved back to Louisiana with the children. She lives with her parents and has
found a job with the school district. What is the advice you should give her?
A.
She may immediately file for divorce, custody, support and division of
community property in Louisiana.
B.
She should immediately file for divorce in Louisiana, asking everything
but support and division of community property.
C.
While she may file immediately for divorce in Louisiana, she should
immediately hire a Texas attorney.
D.
She should stay out of Texas.
If the husband living in Louisiana is sent a waiver, consent and acceptance of service to
sign for filing in a Minnesota court (the wife having just moved to Minnesota three
months ago and the husband having no contacts with Minnesota), and if he signs the
waiver, of what issues will a Minnesota court acquire immediate jurisdiction?
A.
Only the divorce
B.
All issues, including the divorce, custody, property and support
C.
All issues except child custody
D.
No issues, as she has not lived in Minnesota for six months
QUESTION III
Extra credit
1.
In not more than one handwritten page, identify a principle of family law that you feel
needs changing, expanding or abolishing, explaining your proposed change and stating
why you feel this is needed.
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