Louisiana Divorce Legal Questions

Tina, In Louisiana, we recognize both “fault” and “no fault” as grounds for a divorce. Unlike the “no fault” grounds for divorce, which require spouses to wait a requisite amount of time before obtaining a judgment of divorce, under Louisiana Civil Code Article 103.2 upon proof of a spouse committing adultery, you would be entitled to an immediate divorce. Adultery in Louisiana is going to be considered any sexual contact between a spouse and another individual who is not the other spouse. This can be sexual intercourse, but can also include other noncoital acts. Such noncoital acts have been defined by the Louisiana courts as including, but not limited to, oral sex, genital contact, and laying on top of each other even if they did not have sexual intercourse.  Though there may be an issue obtaining a divorce under this statute based upon the facts you provided. You indicated that the infidelity occurred in 2013 and that you and he had separated in 2017, which would give you the grounds to seek a fault divorce, either under the infidelity or as you both had already been living separate and apart for the requisite amount of time, but you also note that in February of this year you both reconciled. Sadly, under Louisiana Civil Code Article 104, reconciliation between the parties will extinguish your fault cause of action and you will likely have to seek a “no fault” divorce. Under Louisiana Civil Code Article 102, a "no fault" divorce may be granted upon a showing that the spouses lived separate and apart for either, 180 days without minor children involved or 365 with minor children. This time will begin to run from the later of the date of separation of the parties or from the date of service of the divorce petition on the other spouse.  If it is your intent to obtain a divorce as soon as possible, it would be best to begin the process of separating, if you have not already done so, and prepare the petition for divorce so that your husband can be served. I am available and would be happy to assist in guiding you through this process. Please feel free to give my office a call at (337)237-0492 and set up a free consult so that we can discuss. Thank you.... Read Answer

  Hi Amanda, Based on the facts you have provided, you would be entitled to an immediate divorce. Under Louisiana law, a couple has to wait a predetermined number of days separate and apart prior to finalizing a divorce, 180 days without minor children or 365 with minor children. As you appear to have been living separate and apart for well over either of those periods, we can file a petition for divorce under Louisiana Civil Code Article 103 attesting that you have already lived separate and apart for the requisite amount of time and are entitled to have your divorce certified without further delay. Your ex will need to be served with the divorce petition and a legal delay of 10 days allowing him an opportunity to answer the petition will have to run, but without any objection or other issues arising the process can be completed fairly quickly. My office is available to assist in guiding you through this process. Please feel free to give my office a call at (337)237-0492 and set up a free consult so that we can discuss. Thank you.  ... Read Answer

Hello John, To answer your question, I'll first have to briefly go over a few provisions of Louisiana law regarding the types of divorce and what spouses are entitled to after a judgement of divorce. In Louisiana, there is “fault” and “no fault” divorce. A "no fault" divorce, under Louisiana Civil Code Article 102, requires the spouses to live separate and apart for 180 days if there are no minor children involved, or 365 days if the spouses have children before a divorce judgment may be obtained. These time delays may also be extended if the marriage was entered into as a "covenant marriage". In a no fault divorce, unless a pre-nuptual or post-nuptual agreement is entered into, each spouse is entitled to half of the community property (in short and with some exceptions, the property and assets acquired by both spouses during the marriage) and they have the option of seeking “interim spousal support” (aka “alimony”) during the pendency of the divorce proceedings and/or “final periodic spousal support” after there is a judgment of divorce which will continue thereafter. Spousal support is not guaranteed, is very fact specific, and must be ordered by the court based upon the needs of the supported spouse. In my experience, courts are hesitant to award interim spousal support unless there is a clear necessity of one party and it is exceedingly rare for courts to award final periodic spousal support. Under Louisiana Civil Code Article 113, spousal support may be awarded based upon the needs of the party seeking support, the ability of the other party to pay, and the standard of living of the parties during the marriage. Now with a "fault" divorce, under Louisiana Civil Code Article 103(2), rather than having to wait to obtain the judgment the parties are entitled to an immediate divorce in the event of adultery. This would be the type of divorce filing which you would be looking for under your stated circumstances. With a fault divorce the spouses would still be entitled to half of the community property and interim spousal support may still be granted, but spouses who commit adultery which leads to the breakup of the marriage are not entitled to final spousal support in Louisiana. Unlike the “no fault” divorce in Louisiana, where you just wait the requisite time period to obtain the judgment of divorce, a “fault” divorce alleging infidelity will require a fault hearing wherein evidence and testimony will need to be put on to prove fault, unless she were to acknowledge her infidelity.... Read Answer

Starting a divorce process is simple and it will be less expensive if you can agree on terms of the divorce that are concerns to you without the assistance of an attorney. Negotiating and coming to terms about custody and personal belongings and stuff can save you well over $2,000. At that point your divorce would become uncontested and that you can expect to pay anywhere from $750 to $1,250. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read Answer

Your inheritance is your separate property. In Texas, most earned income, assets, and other valuables are considered community property after you become married. However, the one notable exception to this general rule is inheritance. No matter the size of your inheritance, it is your separate property and is not required to be divided in your community estate. For more information about this, be sure to consult with a local divorce attorney.... Read Answer

You need to get a lawyer asap. You are entitled to a portion of the assets acquired during the marriage as well as taking responsibility for a portion of the liabilities. This includes the house, retirement, investments, etc. You will have to get a job unless your share of the assets will sustain you for the rest of your life. What he offers is not the determining factor, it is only an offer. You don't say how old the children are, but I don't know what you mean by keep the children. If they are under 18 you will need a parenting plan that provides time with each parent. Child support also needs to be determined if the kids are minors.... Read Answer

The police have nothing to do with this. You need to establish your legal paternity since you are not married to the mother. Once you do this, you can file an objection to her relocation. Otherwise, even though you are biologically their father, you have no right to the children, until you have been made the legal father.... Read Answer

No, the quickest is 4 months from start to finish for a divorce in Wisconsin. The six month rule is that you cannot remarry anywhere in the world for six months from the divorce *judgment* date. So if you were planning to be divorced to remarry in the future, the minimum time frame is 10 months total, and that is in a perfect world. The divorce may take longer than 4 months depending on the court's schedule, and whether you and your spouse agree on all items or not, and if you have all of your paperwork in order.... Read Answer

If the vehicle was purchased during you marriage, it is presumed to be community property regardless of whose name it is titled or registered. Assuming the vehicle is community property, you can file a Petition for divorce and request that you be awarded sole use and possession of the vehicle.... Read Answer

Technically, you are constructively in contempt for violating the order in the past. However, because your son is not 18, the custody papers are currently not enforceable. If your boyfriend has lived with you for the last six years and your ex has known about it and hasn't complained before now, I seriously doubt the judge would punish you. I would argue your ex has tacitly consented to your current boyfriend living with you since he has known about it and hasn't complained before now.... Read Answer