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| 422949219 | Article 102 divorce is best used when | The parties are still living together | |
| 422949220 | Filing requirements for Art 102 divorce | Petition - 180 days, Rule to Show Cause - 180 days, Petition + POS, Rule + POS, Affidavit | |
| 422949221 | Defenses to Art 102 and 103(1) divorce | Reconciliation and improper procedure | |
| 422949222 | Defense for Art 103(2) divorce | Reconciliation and mental illness | |
| 422949223 | Filing requirements for 103(1) | Petitioner, Answer, Default | |
| 422949224 | What presumptions exist for a disavowal action | Presumption is that child is issue of marriage, or baby is born within 300 days of termination of marriage | |
| 422949225 | When must mother file her contestation action | Within 180 days of subsequent marriage and within 2 years of child's birth | |
| 422949226 | In a contestation action what 2 things must mother do to have proper grounds to proceed on contestation | Defeat presumption in favor of present father AND show present H has formally acknowledged the child | |
| 422949227 | What are the time limits for a child to file a paternity action against pututative father that is still alive | Child can file anytime | |
| 422949228 | The father in an avowal action has many deadlines to file, however, what is the absolute cut off date before he's preempted | 1 yr from date of learn, but no more than 10 yrs from date of birth | |
| 422949229 | Two rules regarding revoking acknowledgments what are they | Revoke w.in 60 days for any reason, revoke w/in 2 yrs for vices of consent or not bio dad | |
| 423671114 | What are some factors a court will consider in whether final support is ordered | Income, need, financial obligations, duration of marriage, age, health and earning capacity | |
| 423671115 | Does uncompensated labor include undercompensated labor | Yes | |
| 423671116 | What is a declaration of paraphernality | An instrument in which a spouse reserves the fruits and revenues of his separate property as separate | |
| 423671117 | Under special accession rules for spouses, if one spouse owns the land as separate property who owns the constructions placed thereon | Spouse | |
| 423673158 | For purposes of establishing domicile for community property issues what is mostly true | A person can have multiple residences but only one domicile | |
| 423673899 | What are the form requirements for a declaration of paraphernality | (1) authentic act or act under private signature duly acknowledged (2) recordation (3) provide copy to spouse prior to filing | |
| 423674429 | How does a spouse obtain a court order that would require the other spouse to under a mental health evaluation | Petition court an demonstrate good cause | |
| 423674430 | What are the filing requirements for a ex parte temporary order of custody | Verified petition or supporting affidavit, immediate and irreparable harm will occur to children before contradictory hearing on isue of custody | |
| 423674431 | How long is a temporary order of custody good for | 30 days, may be extended for good cause | |
| 423674432 | What document must be filed not more than 30 days after the signing of the exparte order for temporary custody | Rule to show casue | |
| 423675038 | Would a spouse have a claims against a spouse for money spent on helping the spouse go to college | Yes, the claim would be for the financial contributions made to training and education because it increased earning power and the spouse did not benefit from the increased earnings during the marriage | |
| 423804220 | What are the 4 types of tutorships | nature, will, and effecto of law, appointment (diative) | |
| 423804221 | Modifying custody from joint to sole requires the mvoant to satify what standard of proof | Clearing and convincing evidence, sole custody in best interest of children | |
| 423804222 | Where the initial order of custody was a consent order what 2 elements must be shown to modify custody | need to show material change of circumstances since order and proposed modification is in the child's best interest | |
| 423804223 | Proof of maternity is | She who gives birth to the child is the mother | |
| 423804224 | In adult adoption if parties are married what is needed from spouses | Consent | |
| 423804225 | Adult adoption w/o stepparents require court action what is procedural steps | Joint petition showing best interest | |
| 423804226 | Who can do adult adoptions without court assistance | Stepparents by authentic act | |
| 423804227 | When is an adult adoption effective | When filed for registery | |
| 423804228 | Can adult adopt each other | Yes, but cannot adopt spouse | |
| 423804229 | Who has standing to initiate a revocation of acknowledgment action | anyone | |
| 423804230 | If a man want to recant his formal acknowledgment of a child how many days does he get | 60 days w/o cause or within 2 yrs if he can prove by clear and convincing evidence | |
| 423804231 | If a man formally acknowledges he is the father can he inherit from the child | No, must avow | |
| 423804232 | If a man signs birth certificate or formally acknowledge and it is proven he is not hte bio dad what is the effect | acknowledgement is null | |
| 423804233 | If parents execute an authentic act formally acknowledging man as faher is that a valid form of acknowledgment | yes | |
| 423804234 | If putative father signs the birth certificate is he the legal and bio father | Yes | |
| 423804235 | In LA is an affidavit of parentage a formal acknolwedgment by father | No | |
| 423804236 | If both spouses are domiciled in LA, but married elsewhere to what proeprty does the community attach to | All after-acquired property since becoming domiciled in LA | |
| 423804237 | What is LA's hybrid quasi-community property provision | It applies to movable, acquired by nondomiciled spouse where one spose is domiciled at termination and partition is filed in LA | |
| 423804238 | If both husband and wife do not become domicilaries of LA will the community proeprty regime exist | No | |
| 423804239 | LA's hybrid-quasi community proeprty providion applies to what immovables, movables or both? | Movable | |
| 423804240 | Define community property | Property acquired during the existence of the legal regime through effort, skill or industry | |
| 423804241 | What is the legal regime | community of acquets and gains | |
| 423804242 | In what circumstances will community proeprty regime not apply directly | both spouses were never domiciled in LA disputed property was acquired at a time when both sposues were not domiciled in LA if its immovable property and situated outside of LA | |
| 423804243 | When does a couple married outside of LA become subject to LA's community property regime | When they become domociled in LA | |
| 423804244 | How does one overcome the presumption that all property int he spouses possession is community property | Need to prove that the property was acquired iwththe separate things or with commingled seaprate and community things where the community portion is inconsequential | |
| 423804245 | If a marriage lacks the element of mutually expressed consent what type of nullity is it if any | relative | |
| 423804246 | There are 4 elements to removing a curator | Motion, grounds, good clause, and contradictory hearing | |
| 423804247 | What are the two basic duties of an interdict's curator | Exercise reasonable care diligence and prudence Act int he best interest of the interdict | |
| 423804248 | If claimant is not award final support, can claimant extend interim support after divorce of so for how many days | Yes, upon a showing of good cause, 180 days | |
| 423804249 | A claimant must show what to get an extension interim support order beyond the 180 days from rendition of the judgment of divorce | good cause | |
| 423804250 | How long does civil effects continue to someone under putative marriage doctrine | official declaration of nullity or innocent spouse remarries | |
| 423804251 | What two elements must exist for the putative marriage doctrine to apply | legal impediment to marriage and good faith spouse | |
| 423804252 | A marriage is absolute null when the following impediments exist | Legal impediments,no marriage ceremony | |
| 423804253 | Can costs and attorney's fees be assessed agaisnt a losing party in an interdiction case | Yes | |
| 425145825 | Who is an absent person | Someone who does not have a representative in LA and cannot be located with diligent efforts | |
| 425145826 | If an absent person has property in LA what can be done to settle that property | Appointment of a curator | |
| 425145827 | What are the pleading requirements for appointment of a curator for an absent person | 1) absent person 2) curator needed to protect absentee's interest 3) property in LA 4) diligent efforts undertaken to locate person | |
| 425145828 | How long does tha curator serve for an absent person | untile absentee appoints representative, absentee reappears, absentee is dead or declared dead | |
| 425145829 | When can you declare a person dead | After 5 years | |
| 425145830 | Can an absent person recover property if he reappears | He can claw back inherited property, proceeds from property sold, diminutive value in property encumbered |
