Legal Question in Family Law in Louisiana

If you are planning to file under adultery that will necessitate evidence of the affair which cannot include her admitting to it. If the adultery was committed in the past, you won't be able to use this for an immediate divorce. If she can show need, you will have to pay spousal support for up to 18 months, even if there is fault on her part.

A divorce can be filed a few ways. You can separate and file, then wait 180 days. This often allows you to settle use of the community home and assets, prior to the divorce being final. You may be able to settle the community also. Anything bought during the marriage or accumulated in retirement, savings, etc is community. If you placed separate assets into community accounts, etc. that will be community.

You can separate for 6 months, then file and you will be divorced within a month or so.

Or you can file now alleging adultery and the court will hear testimony and if found will grant the divorce.

If she does not know that you are aware of the adultery, you certainly wouldn't want to tell her that if she is still engaged in the activity. You will need proof-should be two independent witnesses able to testify that she spent time alone with the person overnight. If you can show that they are seen kissing or in other obvious amorous behavior over a period of time that may suffice.

1/2 of everything acquired during the marriage belongs to each of you including your income. That continues to accrue unless you file and start the clock running. See a good lawyer in the jurisdiction in which you will be filing.