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How might adultery impact a Louisiana divorce?

On Behalf of | Jun 7, 2024 | Divorce |

Adultery can have major effects on the divorce process. The emotional and legal consequences of infidelity often complicate the dissolution of a marriage.

Understanding how adultery influences Louisiana divorce proceedings can help people prepare for the potential outcomes.

Grounds for divorce

Adultery is a fault-based ground for divorce. This means that one spouse can file for divorce citing the other spouse’s infidelity. To prove adultery, the accusing spouse must provide evidence that the unfaithful spouse engaged in a sexual relationship with someone else. If proven, the court can grant a divorce based on adultery. This can speed up the process compared to a no-fault divorce.

Alimony considerations

Adultery can also influence alimony decisions. A spouse guilty of adultery may not receive final spousal support. The court considers the conduct of both parties when determining alimony. If the innocent spouse can prove adultery, the unfaithful spouse might not receive financial support. This aspect of the law aims to penalize unfaithful behavior and protect the rights of the innocent spouse.

Child custody and visitation

Adultery does not directly impact child custody and visitation rights. However, it can play a role in the court’s decisions. The main concern of the court is the best interest of the child. If the adulterous behavior negatively affects the child or the unfaithful spouse’s ability to parent, the court may consider this when determining custody arrangements. The court examines various factors, including the moral fitness of each parent, to ensure the child’s well-being.

Division of property

Adultery does not typically affect the division of property. Louisiana follows community property laws, meaning marital assets and debts undergo equal division between spouses. However, if the unfaithful spouse’s actions depleted marital assets, the court may consider this when dividing property. Each case is unique, and the court considers all relevant factors to ensure a fair division.

Understanding these potential consequences of adultery helps people navigate the complexities of divorce proceedings.

Schnaars Law Firm, LLC

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