Legal Effects of Adultery in Louisiana

Marie Hillman • March 31, 2017

Adultery can destroy any relationship, and is one of the most devastating issues that my clients or anyone may be forced to deal with. When a […] The post Legal Effects of Adultery in Louisiana appeared first on Hillman Law Firm.

Adultery can destroy any relationship, and is one of the most devastating issues that my clients or anyone may be forced to deal with. When a client tells me that this is an issue for them, there are usually lots of questions about the legal ramifications of the infidelity. It is then, that I take a deep breath, and tell them that legally it just doesn’t really matter. Surprising to most, but just true. Regardless of how many people that person has slept with, they still own half of the community. Infidelity or other “bad” behaviors do not affect the amount of community property one is entitled to. Also, one is not entitled to more spousal support, child support, or custody rights even if they can prove their spouse had an affair.

Today in Louisiana, adultery actually plays a very minor role in a divorce. There are only a few ways that the issue comes in to play. One is if one of the spouses seeks final (not interim) spousal support. In order to receive final support, the requesting spouse needs to be “free from fault” in the breakup of the marriage. One way to prove fault is to prove adultery. Thus, adultery can prevent someone from seeking final spousal support. Another way in which adultery can affect your divorce is that it may allow you to be granted a divorce faster. There are waiting times in Louisiana for a divorce to be finalized; however, if you can prove that your spouse committed adultery, the courts allow you to bypass this requirement. I have never recommended that a client go this route as it is expensive, messy and public. The adultery has to be proven in open court and is not always as easy to prove as you might think.

I promise you, I completely understand the devastation and significance that adultery can have on one’s marriage, self-esteem, children and life, but its role in the divorce process is minimal.

Contact me with any of your divorce needs:  marie@hillmanplc.com

Disclaimer: The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

 

Do You Have a Louisiana Will?

By Marie Hillman • December 30, 2021
Do you have a Louisiana will? Do you need a Louisiana will? These are important questions to consider. A valid Louisiana will can not only legally […] The post Do You Have a Louisiana Will? appeared first on Hillman Law Firm.

What is a Louisiana Succession, and do you need to do one?

October 29, 2021
When a person dies in Louisiana and leaves behind assets that need to be transferred into someone else’s possession a Succession is generally opened. This process is called Probate in other states There are different types of Successions in Louisiana which include: Intestate Succession There is no will and assets are distributed according to the laws of Louisiana which gives preference to children and surviving spouses. Testamentary Succession A will has been left and the named hairs are put into possession Affidavit for Small Succession A legal affidavit that distributes assets when the total value of the Succession is under $125,000 and there is little-to-no debt. It is important to note that not all assets go through the Succession. Life insurances pay-outs and investment retirement accounts with a named beneficiary are not considered assets of the Succession. If a family member of yours has passed away and you need assistance with transferring the assets through a Succession, please call me. I am here to answer your questions and guide you through the legal process.
Family by their Christmas tree.

Navigating Divorce During the Holidays

September 30, 2021
The holidays are supposed to be a time of joy and celebration, but when you're going through a divorce they can feel like the most difficult time of year.
Mother laughing, holding her young son.

Top 5 reasons Why You Should Hire a Family Law Attorney

July 26, 2021
Family law is a complicated and intricate area of the law. There are many reasons why hiring an attorney can be beneficial to you as well as your family.

Do you have a hurricane evacuation custody plan?

By Marie Hillman • September 26, 2018
It is hurricane season and this season has been an active one. If you are divorced with young children, then you should discuss with your children’s […] The post Do you have a hurricane evacuation custody plan? appeared first on Hillman Law Firm.

Sending your child off to college? Consider having a POA

By Marie Hillman • July 31, 2018
Like many parents right now I am getting my child ready for college life away from home. We have shopped for all the fun dorm stuff, […] The post Sending your child off to college? Consider having a POA appeared first on Hillman Law Firm.

What is an HOC? HELP!!

By Marie Hillman • July 3, 2018
Many clients ask me to explain what a HOC stands for. HOC stands for Hearing Officer Conference. In St. Tammany and Washington Parishes, if you have a […] The post What is an HOC? HELP!! appeared first on Hillman Law Firm.

What type of custody plan is right for you?

By Marie Hillman • May 22, 2018
If you are going through a divorce and you have minor children, you are going to have to come up with a custody plan. This is […] The post What type of custody plan is right for you? appeared first on Hillman Law Firm.

Do you need a prenuptial agreement?

By Marie Hillman • April 22, 2018
Do you need a prenuptial agreement?  Some need it more than others… A Louisiana matrimonial agreement, what is typically referred to as a prenup, is a […] The post Do you need a prenuptial agreement? appeared first on Hillman Law Firm.

Preparing for a divorce? A few recommendations from me…….

By Marie Hillman • February 23, 2018
Some people know a divorce is on the horizon. They feel it, or want it, and have the wherewithal to take a few steps to prepare […] The post Preparing for a divorce? A few recommendations from me……. appeared first on Hillman Law Firm.
More Posts