Legal Question in Family Law in Louisiana

Need Help

I have only been married for 2 months. My husband thinks that I had an affair before we got married, and he threw me out a week ago. All of my stuff is still in the house including my clothes. I have tried to see a marriage counseler but he would not go with me. He does not want to work this out. I found information on him that looks like he is having an affair. He says he is not. He said he will contact a lawyer in a couple of weeks and we will file irreconcilable differences. I really want this to work, but he will not even try. I have gone by a couple of times to pick up clothes and we end up having sex, but he still will not change his mind. He says he does not want anybody else, but he cannot trust me. If he files for divorce can I ask for temporary alimony, and will it hurt my case if he says I had an affair before we were married? And if we are not legally separated is it ok to date other people?


Asked on 8/15/03, 12:35 pm

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Need Help

Answering the last first. Adultery is sexual activity with another person while you are married. I do not know what others mean when they say "dating". Dinner and a movie is not adultery. Marriage is the period between the marriage vows and either the death of a spouse or a Judgment of Divorce. Sex when you're "separated" is adultery. Legal separation no longer exists in Louisiana.

An "affair before marriage" is not adultery. It has no bearing upon spousal support. There are other factors which should be more important.

It sounds like your husband wants the marriage to end. This is especially if your pre-marital sexual activities were a significant length of time before the marriage.

I would suggest that you consult an attorney immediately.

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Answered on 8/15/03, 1:48 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Need Help

Listen to what Mr. Casenave said. I would add that you should thank your lucky stars he wants a divorce cuz your life would have been miserable. He sounds like a momma's boy or he is entering marriage later in life.....or both.....for sure he is self-centered.....why are you having sex with this guy?

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Answered on 8/15/03, 2:42 pm


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