Louisiana recognizes no-fault divorce, but one may obtain a fault-based divorce if the other spouse committed adultery. What does that mean? And should you file a divorce based on adultery if you caught your spouse cheating?
If a spouse is found to be “at fault” for the break-up of the marriage, then he or she would be barred from seeking final spousal support. Moreover, the length of time in which the cheating spouse could be awarded interim spousal support would be significantly reduced as the marriage would terminate immediately (rather than pend for 365 days (if you have children) or 180 days (if you do not)).
Your case should be evaluated in light of the legal ramifications in relation to spousal support and how it applies to your case.
If you are the spouse ‘in need’ of spousal support, choosing to procedurally terminate the marriage earlier than necessary may not be in your best interest. Moreover, if there has already been a period of separation and the time limits have almost expired, the additional financial and emotional expense of a fault trial may not be worth adjudicating the claim.
A finding of fault based on adultery may or may not affect custody. In Louisiana, “the moral fitness of each party, insofar as it affects the welfare of the child” is one of 14 factors the Court will consider in determining what custody arrangement is in the best interest of the child.
And last, proving adultery does not have an effect on how community property is divided.
If you caught your spouse cheating and want to file for divorce, contact the experienced attorneys at De St. Germain Law Office to ensure that you have the requisite proof necessary to prevail on such claim should it be in your best legal interest to go that route (985) 649-6390