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tommy1024 · Nov 29, 2009, 10:14 PM

My wife said she wanted a divorce we had been having problems for about 2 yrs, we have kids.. so we came to an agreement property and custody etc and used one lawyer to draw the papers up and we filed in oct. within 2 days she had a date and is now seeing this guy seriously. Has admitted to staying over and having sex with him and planning a trip to meet his family, has admittted that she has known him for 2 yrs at the same time we began having problems, seems to me and EVERYONE else that she has probably been seeing him all this time. If I can prove this or since she has admitted to having sex with him even though its not final, Can I file adultery charges or petiton the court for a different filing? Also she works for the court system and I feel that I would never get a fair deal in the district we live any way to get it moved to another court system?

purrpleheather · Dec 2, 2009, 08:23 AM

First I just want to say sorry about your situation. No matter who wanted the divorce, it doesn't make it easier for either parent or the children. I went through the same situation and I have law office experience. Obviously, I don't know if your wife took it further during the time that you were still living in the same household, but I wouldn't consider it adultry if you two had already split households. Since there is no such thing as a "legal separation" in Louisiana, one would assume that a change in your housing would be considered "separation" and both people should be able to move on with your lives (including dating).
The divorce process in Louisiana sucks! Don't know if you are aware, but if you have children, you have to be separated for 1 year before the court grants a divorce. You also have to go to a parenting seminar. In answer to your question, you can re-file a petition for immediate divorce with no waiting period on the grounds of adultry, if you get proof that she was unfaithful while you were still living under the same roof.
If I can leave you with one more piece of advice... just remember that whatever you are going through, its even worse for your children. You both may be angry with each other and getting back at the other person may make you feel good, but it can make a child feel like they have to pick a team. Team Dad or Team Mom. The best team would be Mom and Dad together, putting their differences aside for the well being of the kids and settling out of court with a mediator, which you said you are currently doing. I know my duaghter is grateful that her father and I did that for her.

Softgreen1 · Jul 16, 2012, 01:18 PM

My question here is... would the spouse who committed adultery still be getting half of the property? How about retirement plans? After committing such a deed wouldn't that open the door for her losing rights to that type of community property?

GV70 · Jul 16, 2012, 05:33 PM

Originally Posted by Softgreen1

My question here is... would the spouse who committed adultery still be getting half of the property? How about retirement plans? After committing such a deed wouldn't that open the door for her losing rights to that type of community property?

It depends on the state laws and judge's attitude.

AK lawyer · Jul 16, 2012, 05:49 PM

Originally Posted by tommy1024

...
Can I file adultery charges ...?...

If adultery is still a crime in Louisiana (I doubt it), sure. Ask the authorities to prosecute her.

Originally Posted by tommy1024

...
Can I ... petiton the court for a different filing? ...

No. What you are asking for now is divorce. What you would be asking for, had you known about the adultery, would have been divorce. Same difference.

Originally Posted by tommy1024

...
... Also she works for the court system and I feel that I would never get a fair deal in the district we live any way to get it moved to another court system?

Probably not. You could ask the judge to recuse himself or herself, or ask that the case be heard by a different judge, if the judge is prejudiced against you because he/she knows and works with your wife.

GV70 · Jul 16, 2012, 05:52 PM

Tommy's post is from 2009

AK lawyer · Jul 16, 2012, 06:32 PM

Originally Posted by GV70

Tommy's post is from 2009

OOPs. Hate it when that happens. :(

Originally Posted by Softgreen1

... would the spouse who committed adultery still be getting half of the property? How about retirement plans? After committing such a deed wouldn't that open the door for her losing rights to that type of community property?

Yes. Her share of the community property is hers whether she was good or bad.

Originally Posted by Softgreen1

... How about retirement plans? After committing such a deed wouldn't that open the door for her losing rights to that type of community property?

I don't think so. How do you figure.