LA Bar Family Law 2 — Questions and Answers
Question 1: Under Louisiana's community property regime, which of the following is classified as a spouse's separate property?
- Wages earned by either spouse during the marriage
- A house purchased with community funds during the marriage
- An inheritance received by one spouse during the marriage (Correct answer)
- Rents from a building acquired with community funds during the marriage
Correct answer: An inheritance received by one spouse during the marriage
Under La. Civil Code art. 2341, property received by a spouse during the marriage by inheritance, donation, or legacy is that spouse's separate property.
Question 2: Under Louisiana's Covenant Marriage Act, which of the following is NOT a recognized ground for divorce?
- Adultery by the other spouse
- Commission of a felony and sentence to hard labor or death
- Mutual consent of both spouses (Correct answer)
- Living separate and apart for two years
Correct answer: Mutual consent of both spouses
Covenant marriage does not permit divorce by mutual consent; the grounds are limited and fault-based or require a lengthy separation period.
Question 3: In a Louisiana child custody dispute, the court's primary consideration when determining custody arrangements is:
- The preference of the child if over age 12
- The best interest of the child (Correct answer)
- The wishes of the parent who was the primary caretaker
- Maintaining the status quo of the pre-litigation arrangement
Correct answer: The best interest of the child
Louisiana law requires the court to determine custody in accordance with the best interest of the child under La. Civil Code art. 131.
Question 4: Upon termination of Louisiana's legal regime of community property, each spouse owns:
- All property titled solely in their name
- An undivided one-half interest in all community property (Correct answer)
- Property proportional to their respective financial contributions
- Whatever property the court determines is equitable
Correct answer: An undivided one-half interest in all community property
Under La. Civil Code art. 2336, each spouse owns an undivided one-half interest in community property upon termination of the regime.
Question 5: Under La. Civil Code art. 103, a spouse may obtain an immediate divorce without a waiting period on which of the following grounds?
- Irreconcilable differences acknowledged by both parties
- The other spouse committed adultery (Correct answer)
- Mutual consent after filing a joint petition
- Living separate and apart for 90 days
Correct answer: The other spouse committed adultery
La. Civil Code art. 103 allows an immediate divorce when the other spouse has committed adultery, without any separation waiting period.
Question 6: Under La. Civil Code art. 113, interim periodic spousal support pending a divorce action may be awarded:
- Only to the spouse who did not cause the breakdown of the marriage
- To either spouse who lacks sufficient income for maintenance, based on need (Correct answer)
- Only during the first six months after the spouses separate
- Only when the marriage lasted more than ten years
Correct answer: To either spouse who lacks sufficient income for maintenance, based on need
Interim support under art. 113 is available to any spouse lacking sufficient income for maintenance pending litigation, without a fault requirement.
Question 7: Under Louisiana law, a child born during a marriage is presumed to be:
- The biological child of both spouses only if DNA testing confirms it
- The child of the husband (Correct answer)
- A legitimate child only after a court declaration
- The child of the mother's family for inheritance purposes
Correct answer: The child of the husband
La. Civil Code art. 185 establishes the presumption that the husband of the mother is the father of a child born during the marriage.
LA Bar Family Law 2
Under Louisiana's community property regime, which of the following is classified as a spouse's separate property?