[csutton419]

I am legally separated in Louisiana, if my soon to be exwife finds out that I got another girl pregnant during our year of separation after the divorce can I still get trouble for adultry?

[ScottGem]

Not if you were legally separated.

[csutton419]

Not if you were legally separated.

How can I not get into trouble? I thought you could still get into trouble for adultry even if your legally separated?

[ScottGem]

Nope! First adultery is rarely enforced. Second, when you are legally separated you are allowed to be with another women, its not adultery then.

[csutton419]

Nope! first adultery is rarely enforced. Second, when you are legally separated you are allowed to be with another women, its not adultery then.

My lawyer told my wife that and then he told me that she can't do that so I'm really not sure, also I'm in the military, can you give me something some kind of guidance on that? I do appriciate your help and I'm not calling you a lier I just want to know where I can find this info as proof. I don't know if I have another girl pregnant but I am just trying to cover myself so I don't loose my kids from my first marriage

[GV70]

There is no such thing in Louisiana as a "separation".

If a spouse has established and maintained a residence in a parish of this state for a period of six months, there shall be a rebuttable presumption that he has a domicile in this state in the parish of such residence. An action for divorce can be filed in the parish where either party is domiciled. [Based on Louisiana Civil Code - Article 42 and CCP Article 10]

Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:

* The spouses have been living separate and apart continuously for the requisite period, or more on the date the petition is filed; The requisite period is as follows:

1. 180 days if there are no minor children involved, or if there is evidence that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses, or if a protective order or an injunction has been issued, in accordance with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse and is in effect at the time the petition for divorce is filed.

2. 365 days when there are minor children of the marriage.

* The other spouse has committed adultery.

Louisiana is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement independent of a court ruling.

When a spouse has not been at fault and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support. The court shall consider all relevant factors in determining the amount and duration of final support. Those factors may include:

* The income and means of the parties, including the liquidity of such means.

* The financial obligations of the parties.

* The earning capacity of the parties.

* The effect of custody of children upon a party's earning capacity.

* The time necessary for the claimant to acquire appropriate education, training, or employment.

* The health and age of the parties.

* The duration of the marriage.

* The tax consequences to either or both parties.

* The sum awarded under this Article shall not exceed one-third of the obligor's net income.

The obligation of spousal support terminates upon the remarriage of the spouse receiving support, the death of either party, or a judicial determination that the supported spouse has cohabited with another person of either sex in the manner of married persons. [Based on Louisiana Civil Code - Articles 112 and 115]

[GV70]

The only trouble for you may be 40% alimony:)
In 1927, in the case of Moulin v. Monteleone, 165 La. 169, 115 So. 447, actions for alienation of affection were abolished.

[GV70]

CHILD CUSTODY:
The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:

* The love, affection, and other emotional ties between each party and the child.

* The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

* The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

* The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

* The permanence, as a family unit, of the existing or proposed custodial home or homes.

* The moral fitness of each party, insofar as it affects the welfare of the child.

* The mental and physical health of each party.

* The home, school, and community history of the child.

* The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

* The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

* The distance between the respective residences of the parties.

* The responsibility for the care and rearing of the child previously exercised by each party.

[Based on Louisiana Civil Code - Articles 132 and 134]


Thus if you committed adultery in front of the children, it will have impact on the custody proceeding. If you did not commit adultery in front of your children, it will not have impact there.

[ScottGem]

As I said earlier, adultery is rarely enforced where it still exists on the books. You are already going for a divorce. The only thing that committing adultery might do is give your ex further grounds for the divorce. But if you already are going for a divorce, I doubt if that will matter.

[csutton419]

Now number one says that if there is a protective order filled then you only have to wait 180 days before you can file for divorce, what if my mom filled the protective order against my wife to get the kids from here while I was overseas in iraq,

[csutton419]

Not sure what you mean

[ScottGem]

What don't you understand?