Unfortunately, despite taking a vow of marriage, many will cheat on their spouse. Because this creates a wealth of issues, infidelity often leads to a divorce. However, when marital misconduct is at play, the scorned spouse may file for divorce, citing adultery as the reason for the separation. If you’re unsure whether filing for a fault-based divorce is right for you, you’ll want to keep reading. You’ll also discover how a Monroe, Louisiana divorce lawyer can assist you through this process.
If My Spouse Commits Adultery, What Impact Will It Have on Our Divorce?
If your spouse has been unfaithful to you and you decide to file for divorce, it’s necessary to understand the process. Louisana is a no-fault divorce state. This means you do not have to cite marital misconduct to receive a divorce. Instead, you can report that you and your spouse no longer get along or have “irreconcilable differences.”
However, in instances where your spouse does commit adultery, you may choose to file a fault-based divorce, as this is considered marital misconduct. It’s important to note that in most cases, citing marital misconduct will not impact the distribution of your marital assets. In Louisiana, both spouses are entitled to an equal share of the community property. In some circumstances, such as if your spouse used your shared funds to pay for their extramarital affair, you may receive compensation when your property is divided.
It’s also important to note that adultery can impact alimony awards in Louisiana. The spouse who committed adultery is barred from receiving alimony payments. On the other hand, if you can prove your spouse cheated, you will automatically receive alimony payments unless your spouse is able to prove to the judge that you should not receive them.
How Can an Experienced Attorney Help Me?
If you’re ready to file for divorce after discovering your spouse has been unfaithful, it’s in your best interest to enlist the assistance of an experienced divorce attorney as soon as possible. Unfortunately, this process can be complex, so having the assistance of someone well-versed in the law is essential.
Your attorney can help you gather evidence that your spouse has cheated to solidify the case against them. Similarly, they will handle the legal complexities of ensuring paperwork is filed correctly and on time so you can focus on transitioning into the next chapter of your life.
When you need guidance, Breithaupt, DuBos, & Wolleson is here to help. Our dedicated legal team will do everything possible to help you through this difficult time. We understand that this can be a complex process and, as such, we are committed to making this as smooth as possible for you. Contact us today to learn how we can assist you.