How Long for an Uncontested Divorce in Louisiana If a Spouse Committed Adultery?
When spouses wish to file for divorce in Louisiana, there is often a minimum time period before they are permitted to file. If the spouses file based on no-fault grounds, they must be continuously separated six months before being eligible for divorce. However, when a spouse files on the grounds of adultery, she can file immediately after she discovers the adultery, as long as she satisfies the state's residency requirement.
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Residency
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Generally the residency requirement is already satisfied when a spouse wishes to file for divorce. However, when a new state resident wants to petition for divorce in a Louisiana court, he must maintain continuous state residence for a full year prior to filing. Once the requirement is satisfied, the Petition for Divorce must be filed in the Judicial District Court located in either spouse's parish of residence, or the parish in which the marital residence is located.
Adultery
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Spouses cannot file for a fault divorce based on adultery without proof. This means that the adultery ground cannot be used to avoid the six month waiting period required for a no fault divorce. The filing spouse must present evidence to establish that the accused spouse actually committed adultery or that the opportunity was available and the spouse was likely to act. Because eyewitness testimony, photographs or video of actual sexual contact are uncommon, adultery is often proved by indirect evidence, called circumstantial. For example, photographs or testimony about public displays of affection (such as hand-holding, hugging and kissing), or records of hotel stays or other out of town travel might show that the accused spouse committed adultery or had both the opportunity and the propensity to do so.
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Property Division
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The court must distribute their marital assets before finalizing the divorce. Each spouse will be permitted to maintain ownership of her separate property. This includes anything one spouse owned prior to the marriage and any inheritance one spouse received during the marriage. All remaining marital property is divided equally between the spouses regardless of either spouse's fault in ending the marriage. This is because Louisiana is one of the few remaining community property states, meaning that each spouse is entitled to half of the marital assets regardless of their role in acquiring the property.
Final Divorce Decree
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Article 42 of the Louisiana Code of Civil Procedure requires a waiting period of six months from the date a divorce petition was filed before a court is permitted to enter a final divorce decree. This means that if the divorce is uncontested, meaning the accused spouse is not opposing the divorce, the filing spouse established her adultery claim and all outstanding marital issues were finalized, the court will sign the divorce decree 180 days after the filing spouse submitted her petition.
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