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The impact of adultery in divorce proceedings

On Behalf of | Jun 20, 2024 | Divorce |

Some believe that adultery isn’t relevant to the discussion of divorce in 2024. But adultery can significantly change the trajectory of your divorce. Understanding the implications of adultery in divorce is key.

How adultery influences divorce proceedings

There are several ways that adultery can impact divorce proceedings. Standard no-fault divorce requires couples to separate for 180 days before finalizing proceedings. Some special circumstances allow couples to bypass this, one of which is adultery. In Louisiana, adultery is grounds for a fault-based divorce. Fault-based divorces are often processed much faster than other divorces. 

Common misconceptions about adultery in divorces

Because infidelity is common, some assume it won’t affect their divorce. This however is untrue.

You may be under the impression that a no-fault divorce is your best choice, and presenting adultery as part of your case will not make a difference. In Louisiana, the courts give at-fault divorces on the grounds of adultery or abuse preferential treatment.

There is also a false belief that proving adultery is straightforward. The party filing for divorce must bring significant evidence during proceedings in order to qualify for an at-fault divorce and bypass the waiting period. This type of evidence might include photos, videos, texts, or social media posts that prove your spouse’s infidelity.

Potential complications when claiming adultery

Presenting adultery cases in court can be extremely emotionally taxing to both parties. Not only will the person pursuing the divorce have to openly address their partner’s infidelity, but they will also have to witness it firsthand throughout the evidence collection process. Some parties choose to hire a private investigator to do this for them. However, this can incur an additional cost.

Ultimately, you should consider your circumstances and whether the emotional or financial investment is worth it for you.

Re-evaluating the role of adultery in modern divorces

Divorce can be a challenging and overwhelming process. It is important to understand adultery’s impact on divorce proceedings to gain clarity and confidence while approaching this life transition. Just because infidelity is common, does not mean that the law will ignore it during divorce proceedings.

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