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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Louisiana, adultery is recognized as a fault-based ground for divorce. According to Louisiana Civil Code Article 103(2), a spouse can seek a divorce if the other spouse has committed adultery. This means that if one partner in the marriage has voluntary sexual intercourse with someone who is not their spouse, the other partner can file for divorce on the grounds of adultery. The proof of adultery can potentially affect the division of assets and spousal support. Louisiana is a community property state, which generally means that any assets acquired during the marriage are divided equally. However, fault, such as adultery, can be considered by the court when deciding on the division of these assets and whether to award spousal support. It's important to note that the specifics of how adultery impacts divorce proceedings can vary depending on the circumstances of the case, and consulting with an attorney for personalized legal advice is recommended.

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Divorce

adultery

Individual & Family Legal Plan

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Louisiana State Code

Louisiana State Code

Divorce

adultery

Articles