Does Adultery Speed Up Divorce in Louisiana?

Adultery in Louisiana

When someone discovers their spouse has been unfaithful, one of the first questions they often ask is: “If I can prove adultery, will my divorce be faster?” The answer isn’t as simple as many think. Louisiana law has its own unique rules about divorce, and understanding how adultery fits into the picture can help you make the right decisions for your case.

Grounds for Divorce in Louisiana

Louisiana allows two main paths to divorce:

• No-Fault Divorce – The most common option. Couples must live apart for a certain amount of time before the divorce is finalized. The waiting period is:

  • 180 days if the couple has no minor children

  • 365 days if the couple has minor children

• Fault-Based Divorce – A spouse can file for divorce immediately if they prove the other spouse committed specific acts, including adultery or felony conviction.

Can Adultery Speed Up the Process?

Technically, yes. If you can prove adultery, you may be able to bypass the separation waiting period. This means you don’t have to live apart for 180 or 365 days before filing. However, there are important factors to keep in mind:

1. Proof Is Required

   • Simply suspecting an affair isn’t enough. The court requires convincing evidence that the adultery occurred. This might include text messages, emails, witness testimony, or private investigator reports.

2. The Burden of Proof Is High

   • Adultery must be proven by “clear and convincing” evidence. This can make fault-based divorces more stressful, expensive, and time-consuming, even though they avoid the waiting period.

3. It Doesn’t Guarantee a Faster Resolution

   • While fault grounds eliminate the waiting period, proving adultery may involve hearings, motions, and contested litigation that could drag out the case longer than a no-fault divorce.

Does Adultery Affect Property Division or Custody?

• Community Property: Louisiana is a community property state, which means most assets and debts acquired during marriage are divided equally—regardless of adultery.

• Custody: Courts focus on the best interest of the child. Adultery alone usually doesn’t affect custody unless the affair directly impacts the child’s well-being.

• Spousal Support (Alimony): A spouse who committed adultery may be denied final periodic spousal support if the adultery is proven and is considered the cause of the breakup.

When a Fault-Based Divorce Makes Sense

Choosing adultery as grounds for divorce may be worthwhile if:

• You want to avoid the mandatory waiting period.

• You have strong, clear evidence of the affair.

• The issue of fault may influence spousal support in your favor.

On the other hand, if proof is shaky or if avoiding conflict is a priority, a no-fault divorce may still be the smoother path. Adultery can speed up divorce in Louisiana, but it’s not always the easiest or most practical route. The decision often depends on the strength of your evidence, your goals, and the emotional impact of pursuing a fault-based case.

Need Help Navigating Divorce in Louisiana?

At Moisant Law Firm in Metairie, we guide clients through the complexities of both fault-based and no-fault divorces. If you’re considering divorce and wondering whether adultery will impact your case, we can help you understand your options and build a strategy that protects your future.

📞 Call us today at (504) 317-1685 or CLICK HERE to fill out the form on our website to schedule a confidential consultation.