In order to have a consensual, no-fault divorce in Louisiana, you need to wait six months to a year, depending on whether or not you have children. However, adultery is a ground for immediate divorce. If a spouse dates during a divorce, and there is independent proof of adultery, then the non-dating spouse can seek an immediate divorce and avoid waiting the necessary time period. Of course, if the dating spouse is also receiving spousal support, an early adultery-based, divorce may significantly impact their right to receive spousal support as well.
At the Lafayette offices of Charley Hutchens, Professional Law Corporation, we help clients through no-fault and contested divorces in Lafayette. Dating during divorce lawyer Charley Hutchens will address your concerns, answer your questions and help you file for divorce.
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Getting an Immediate Divorce
Even if you have already filed for no-fault divorce, if your spouse is committing adultery, you can file for an immediate divorce. This does not mean, however, that you can bypass the waiting period by simply stating there is adultery.
Courts are very suspicious of adultery claims. There must be independent proof of adultery, such as eyewitness testimony from a private detective or other credible witness. You could even have the third party testify, if he or she is willing or by subpoenaing them to court. Furthermore, conversations between the adulterous couple through texting or online, on Facebook or Twitter for example, might be sufficient proof if detailed and/or credible.
We can help you investigate the adultery and advise you on your options. If you are considering dating during your divorce, we will answer your questions about the potential issues that might arise.
Spousal Support and Adultery
There are two types of spousal support in Louisiana: temporary, which lasts from separation until divorce; and, permanent. In order to get permanent support, the claimant spouse must show that he or she is free of fault. One of the most common grounds that would bar a spouse from getting support is adultery. Other common grounds are abandonment, habitual intemperance, and mental cruelty.
In order for adultery to be used as grounds to prevent the other spouse from obtaining permanent spousal support, the adultery has to have occurred prior to filing for divorce. We help clients on both sides of the issues, those seeking alimony and those trying to prove adultery. We will work with you to develop a divorce and spousal support settlement that works for you.
Contact a Louisiana Grounds for Divorce Lawyer
We can help you investigate adultery and build a case for spousal support or to obtain an immediate divorce. Contact us to schedule a consultation to discuss your divorce and for advice about dating during divorce. All major credit cards are accepted.
Charley Hutchens, Professional Law Corporation
1704 W University Ave
Lafayette, LA 70506
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