What does the state of louisiana consider as adultery and does it qualify for grounds for divorce?

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.