Dating while legally separated in louisiana
If your spouse has committed a felony and has been convicted and sentenced to death or imprisonment at hard labor, you will be able to obtain and immediate fault-based divorce.
Prior to seeking a divorce on these grounds, you or your attorney can obtain records from the criminal records at the clerk of court where the conviction and sentencing took place, and attach these to your Petition as proof that your spouse has been convicted of a felony and sentenced accordingly.
If you are your children are currently in a situation of domestic abuse of any nature, it is important that you immediately leave the marital home and seek help.
Contact law enforcement and seek other local resources for victims of abuse.
In the absence of sexual intercourse, repeated sexual contact between a spouse and a non-spouse has been enough to satisfy the court that adultery has occurred as sufficient grounds for a fault based divorce.
If you request a fault based divorce on the grounds of adultery, you have the burden of proving the adultery by a preponderance of the evidence.
Your spouse is given the benefit of being presumed innocent until you meet this burden of proof.
The three grounds for a fault-based divorce in Louisiana are: Additionally, if you and your spouse have already lived separate and apart for either 180 days if there are no minor children, or 365 days if there are minor children of the marriage, and neither of you has filed for divorce yet, it is possible to receive an immediate judgment of divorce without having to restart the separation period.The majority of Louisiana divorces will be filed on a no fault basis.This allows you to file for divorce without the requirement of allegations against your spouse.For purposes of proving fault in a Louisiana divorce, adultery is generally defined as sexual intercourse during the marriage with someone other than one’s spouse.Louisiana courts have expanded the definition to include oral sex, and other Louisiana courts have held that adultery as a grounds for divorce is not limited to actual sexual intercourse.