Most people, once they have come to the difficult conclusion that they need to get divorced, want to do it as quickly as possible. Once you’re done, you’re done.
Can adultery speed up divorce in Louisiana?
Louisiana law does provide for an “immediate” fault-based divorce for adultery under Civil Code 103.2.
However, “immediate” does not mean the judgment of divorce will be immediate. Plus proving adultery can be cumbersome, costly, and not any more beneficial to you.
Cheating is one of the more selfish, harmful, and hurtful things any spouse can do during a marriage. And, it can ultimately be the reason for a divorce.
But, when it comes to legal consequences, adultery is not as common as you would think.
The main reason is you must prove adultery.
This means gathering evidence, witnesses, and spending time and money preparing to prove adultery. And, the testimony of your spouse or their new love is usually not good enough to prove adultery.
You need an independent witness (like a private investigator) and proof.
And for what – to get divorce papers a few months sooner?
The emotional and financial cost could be much higher, while the amount of time it takes to get the divorce may only be slightly lower.
Many people rather save their money and just bide their time to get a divorce under Civil Code article 102.
Is there a benefit to getting a faster divorce?
And, here’s the kicker – even if you prove adultery as a ground for divorce and get a divorce sooner – this generally does not result in you receiving additional community property, child custody, child support, or interim spousal support.
What happens in a divorce if adultery was committed?
Adultery may impact whether you have to actually pay final spousal support.
If you are in a better financial position and were cheated on, the cheating spouse would have to prove freedom of fault to get final spousal support. But this is usually a separate hearing aside and apart from the actual judgment of divorce.
A family law and divorce attorney in Jefferson Parish can help you figure out if filing for divorce due to adultery is in your best interest.