Legal Question in Family Law in Louisiana

She cannot admit adultery. It has to be independently proved in testimony at court. You can file and wait 6 months from the date of filing or you can wait 6 months and file. The first method allows you to settle custody, visitation and sometimes the community property prior to the divorce. The second, is the quickest if you separated some time in the past. You can agree to custody, visitation and settlement of community but it should be done through court and judgment obtained. You are always able to file pro se (or by the petitioner without an attorney) You can go to a mediator but an attorney will be required to draw up the papers. You can both go to the same attorney if there is no disagreement.

If your wife did commit adultery, you can get an immediate divorce based on adultery. Your wife can admit to it on the stand at the hearing and her admission can be the basis of the fault-based divorce. Also, the six-month process Ms. Lucas is talking about is a "no fault" divorce. She is mistaken about the time table for that, though. Since you have small children, you will have to wait a year for a no-fault divorce, not 6 months. You will also have to attend parenting classes.

You probably should seek the advice of an attorney to draft the paperwork, as the process and paperwork involved is difficult and requires specialized knowledge.