SCRIPT 2026 QUESTIONS AND ANSWERS
GUARANTEED TO PASS
◉ What is required to file for a divorce under Louisiana Civil Code
article 102? Answer: Either spouse can file a 'Petition for 102
Divorce' after living separate and apart for 365 days if there are
minor children, or 180 days if there are no minor children.
◉ What happens after the requisite period of time for a 102 divorce?
Answer: Either spouse may file a Rule to Show Cause for the divorce,
and the judge will grant it unless defenses like reconciliation are
raised.
◉ What is an advantage of a 102 divorce compared to a 103(1)
divorce? Answer: A 102 divorce retroactively terminates the
community regime to the date of filing, protecting spouses from
further liability.
◉ What is the waiting period for a 103(1) divorce? Answer: The
parties must live separate and apart for the same requisite time
periods as in article 102 before filing the petition.
,◉ What must a petitioner prove to obtain a divorce under Louisiana
Civil Code article 103(2)? Answer: The petitioner must prove
adultery at trial by corroborated testimony; mere admission by the
adulterous spouse is insufficient.
◉ What is the implication of obtaining a divorce under 103(2) for
spousal support? Answer: The spouse obtaining the divorce is
presumed to be free from fault for purposes of receiving final
spousal support.
◉ What grounds allow for a divorce under Louisiana Civil Code
article 103(3)? Answer: A spouse can file for divorce if the other
spouse has committed a felony and has been sentenced to death or
imprisonment at hard labor.
◉ What is the process for obtaining a divorce under 103(3)?
Answer: After the legal delays run, the court can take judicial notice
of the conviction and sentence, allowing for a quick divorce.
◉ What are the requirements for a valid marriage in Louisiana?
Answer: The requirements include absence of legal impediments, a
marriage ceremony, and mutual consent verbally expressed at the
ceremony.
◉ What is the significance of the phrase 'What are H & W's options
for divorce?' in bar exam questions? Answer: It indicates that both
,no-fault and fault-based divorce options must be discussed, along
with time delays, benefits, and complications.
◉ What is the difference in the waiting period for divorce if minor
children are involved versus if they are not? Answer: If minor
children are involved, the waiting period is 365 days; if there are no
minor children, it is 180 days.
◉ What does 'Rule to Show Cause' entail in the context of a 102
divorce? Answer: It is a filing that sets the matter for a hearing
where the judge will grant the divorce unless defenses are raised.
◉ What is the role of corroborated testimony in a 103(2) divorce?
Answer: Corroborated testimony is required to prove adultery;
circumstantial evidence may be used but must lead to a clear
conclusion of adultery.
◉ What is the significance of the community regime in a 102
divorce? Answer: The community regime is retroactively terminated
to the date of filing, affecting property rights and liabilities.
◉ How does the process differ between a 102 divorce and a 103(1)
divorce? Answer: A 102 divorce allows for immediate filing after the
separation period, while a 103(1) requires waiting for legal delays
after filing.
, ◉ What defenses can be raised against a divorce petition under
article 102? Answer: Defenses such as reconciliation can be raised at
the hearing.
◉ What is the impact of a felony conviction on divorce proceedings
under 103(3)? Answer: The court can grant the divorce quickly after
legal delays, and the spouse obtaining the divorce is presumed free
from fault for spousal support.
◉ What does 'mutual consent' mean in the context of marriage
validity? Answer: It refers to both parties verbally expressing their
agreement to the marriage during the ceremony.
◉ What is the importance of the phrase 'an immediate fault-based
divorce' in the context of 103(2) and 103(3)? Answer: It indicates
that these divorces can be pursued without the lengthy separation
period required for no-fault divorces.
◉ What is the relationship between the filing date of a 102 divorce
and the community property regime? Answer: The community
property regime is terminated as of the filing date, affecting the
division of assets and liabilities.