Adultery can have a significant impact on married individuals affected by the adulterer’s actions. In many cases, this can directly affect the outcomes of divorce proceedings in Louisiana.
Since Louisiana is a community property state, the results of asset division and other aspects of a divorce can change drastically when adultery is a factor. Understanding how the courts handle adultery in Louisiana divorces can be helpful for those going through this difficult situation.
Adultery in Louisiana
In Louisiana, adultery is one of the fault-based grounds for divorce. This means that if one spouse can prove that the other engaged in adultery, the court may grant a divorce based on fault. Proving adultery, however, requires clear and convincing evidence. This may include testimony, text messages or photographs showing that the unfaithful spouse had a sexual relationship with someone outside the marriage.
The effects of adultery on a divorce
When the presence of adultery is clear, it can affect various aspects of the divorce, particularly spousal support. In Louisiana, courts may deny permanent spousal support to the spouse who committed adultery. However, an individual who is guilty of adultery and in a weak financial situation may still receive temporary spousal support to cover basic living expenses during the divorce process.
Adultery may also impact child custody decisions, although Louisiana courts primarily focus on what is in the best interest of the child. The courts generally do not use adultery as the sole reason for denying custody. However, if the adulterous behavior directly affects the child’s well-being, such as if it exposes the child to inappropriate situations, it may influence custody arrangements.
While adultery plays a role in certain aspects of divorce, Louisiana courts strive for fairness and primarily focus on the facts of the case. Even in a fault-based divorce, the at-fault spouse may still be eligible to maintain certain spousal rights.