I-A. Please state the elements for a valid marriage in Louisiana. Discuss.
| A marriage ceremony | 5 points _______ |
Before a qualified third-party celebrant |
5 points _______ |
Or person reasonably believed to be qualified |
5 points _______ |
| Free consent of parties expressed at ceremony | 5 points _______ |
| Not by procuration or proxy | 5 points _______ |
| Absence of legal impediment | 5 points _______ |
Impediment of existing marriage |
5 points _______ |
Impediment of same sex |
5 points _______ |
Impediments of relationship |
5 points _______ |
Ascendants and descendants |
5 points _______ |
Collaterals within fourth degree |
5 points _______ |
| Collaterals by adoption may obtain judicial permission | 5 points _______ |
I-B. Please identify and distinguish the two types of nullity of marriage, explaining the difference. Please state the grounds for each. Discuss in detail.
| Absolute nullity (void ab initio) | 5 points _______ |
Without marriage ceremony |
5 points _______ |
By procuration |
5 points _______ |
Or in violation of an impediment |
5 points _______ |
No judicial declaration necessary |
5 points _______ |
Anyone at interest may attack |
5 points _______ |
| Relative nullity (voidable) | 5 points _______ |
Consent not freely given |
5 points _______ |
Only party whose consent not free may attack |
5 points _______ |
Marriage may be ratified or confirmed |
5 points _______ |
Judicial declaration is necessary |
5 points _______ |
I-C. Please state all grounds for divorce in Louisiana. Discuss.
| 102 divorce | 5 points _______ |
File petition, then wait 180 days |
5 points _______ |
from service |
5 points _______ |
or waiver of service |
5 points _______ |
Then file rule to show cause |
5 points _______ |
Nullity of 180 days have not elapsed |
5 points _______ |
Prescribes in two years |
5 points _______ |
No exception of lis pendens will lie |
5 points _______ |
| 103 divorce | 5 points _______ |
Adultery |
5 points _______ |
Conviction of felony |
5 points _______ |
with sentence of death |
5 points _______ |
or imprisonment at hard labor |
5 points _______ |
Living separate and apart |
5 points _______ |
continuously |
5 points _______ |
without reconciliation |
5 points _______ |
for six months or more |
5 points _______ |
on date petition is filed |
5 points _______ |
I-D. Please identify and distinguish the four different types of tutors in Louisiana. Discuss.
| Tutor by nature | 5 points _______ |
upon death of either parent, the other is tutor |
5 points _______ |
mother of unacknowledged illegitimate child |
5 points _______ |
| Tutor by will | 5 points _______ |
custodial parent may designate |
5 points _______ |
if joint custody, parent dying last may designate |
5 points _______ |
| Tutor by effect of law (legal tutors) | 5 points _______ |
appointed by judge from list of relatives |
5 points _______ |
| Dative tutors | 5 points _______ |
appointed by judge from persons not obliged to accept |
5 points _______ |
I-E. When may parties enter into a written marriage contract in Louisiana? What are the formalities? What matters may they regulate by such an agreement? What matters may they not regulate by such an agreement?
| Of right prior to the marriage | 5 points _______ |
| Within a year of moving to Louisiana | 5 points _______ |
| Any time with judicial authorization | 5 points _______ |
| Any time to adopt the legal regime | 5 points _______ |
| By authentic act or acknowledgment | 5 points _______ |
| Before a notary and two witnesses | 5 points _______ |
| Must be recorded to bind third parties and creditors | 5 points _______ |
| May define what is community property | 5 points _______ |
or abolish community regime |
5 points _______ |
| May not waive alimony pendente lite | 5 points _______ |
| May not waive permanent alimony | 5 points _______ |
| May not limit child support | 5 points _______ |
II-A-1. Please identify each place where your client may file suit for a divorce.
| She is domiciled in Louisiana | 5 points _______ |
Louisiana has jurisdiction |
5 points _______ |
| He is domiciled in Texas | 5 points _______ |
Texas has jurisdiction |
5 points _______ |
if Texas's durational residency is complied with |
5 points _______ |
| In Louisiana, Calcasieu is plaintiff's domicile | 5 points _______ |
| In Louisiana, Orleans is last matrimonial domicile | 5 points _______ |
| In Texas, look to Texas law to determine county | 5 points _______ |
II-A-2. Where may suit be filed to obtain custody of Mae? Of Stan?
| Louisiana is home state of both children | 5 points _______ |
| and remains Mae's home state for six months | 5 points _______ |
| If she wants Mae, she must act soon | 5 points _______ |
II-A-3. What issues are involved and what factors will the court consider in determining to whom to award custody of Mae? Of Stan?
| Presumption of joint custody | 5 points _______ |
with equal sharing of time |
5 points _______ |
| Love, affection and emotional ties | 5 points _______ |
| Capacity to provide food, clothing, medical care | 5 points _______ |
| Continuity of stable environment | 5 points _______ |
| Permanence of family unit | 5 points _______ |
| Moral fitness of each of the parties | 5 points _______ |
| Mental and physical health of each of the parties | 5 points _______ |
| Preference of the child if of suitable age | 5 points _______ |
| Willingness to encourage relationship with other parent | 5 points _______ |
| Question whether Stan's custody issue in the divorce | 5 points _______ |
| Is Stan a legitimate or legitimated child? | 5 points _______ |
| If not, court reluctant to award him to a nonparent | 5 points _______ |
| However, need to keep siblings together meets burden | 5 points _______ |
II-A-4. What issues are involved and what factors will the court consider in determining child support for Mae? For Stan?
| Guidelines | 5 points _______ |
| Deviation from guidelines because of lottery winnings | 5 points _______ |
II-A-5. Discuss your client's eligibility for alimony pendente lite.
| Fault not an issue | 5 points _______ |
| Purpose is to preserve status quo | 5 points _______ |
| Test is her income and needs | 5 points _______ |
| And payor's means | 5 points _______ |
| Which includes his lottery winnings | 5 points _______ |
II-A-6. Discuss your client's eligibility for post-divorce alimony.
| Claimant must be relatively free from fault | 5 points _______ |
| Fault is based on the prior grounds for separation | 5 points _______ |
| Fault may be litigated but once | 5 points _______ |
| Test is her means | 5 points _______ |
| And his means | 5 points _______ |
| But limited to one third of payor's income | 5 points _______ |
| Terminates on remarriage or open concubinage | 5 points _______ |
| Lump-sum alimony may be appropriate here | 5 points _______ |
II-B. Finally, explain in great detail what you propose to do, where and when you propose to do it, precisely what relief you intend to request, and how you expect to obtain jurisdiction.
| File a 102 now, and ask for custody of Mae | 7 points _______ |
| In two months, amend to ask a 103 divorce | 7 points _______ |
| Evidence of adultery is sufficient | 7 points _______ |
| But adultery not viable, as parties reconciled | 7 points _______ |
| File a filiation and custody suit as to Stan | 7 points _______ |
| Suit for Mae's custody must be filed within two months | 7 points _______ |
| Ask temporary alimony (alimony pendente lite) | 7 points _______ |
| And temporary child support (support pendente lite) | 6 points _______ |
| And ask permanent alimony | 6 points _______ |
her nagging does not amount to "fault" |
6 points _______ |
his adultery was reconciled away |
6 points _______ |
| Still, she appears relatively free from fault | 6 points _______ |
| And ask permanent child support | 6 points _______ |
| And a restraining order against domestic violence | 6 points _______ |
| Ask restraining order against disposing of community | 6 points _______ |
| And partition the Texas lottery winnings | 6 points _______ |
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