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Legal Effects of Adultery in Louisiana

Marie Hillman • Mar 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.

 

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