Do I have to wait 365 days to be granted a divorce ifmy wifewilling to admit to adultery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have to wait 365 days to be granted a divorce ifmy wifewilling to admit to adultery?
My wife and I have been separated for almost 4 months. We both want a divorce and she is willing to admit to adultery. We have a 2 year-old son and I know the laws may be different when there is a child involved. I just really need to know if I really have to wait a year to get legally divorced if she admits to adultery.
Asked on September 10, 2010 under Family Law, Louisiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Louisiana follows the Napoleonic Code, although the legislature is on the upswing to modernize the laws. This includes the divorce laws where now there is a n-fault grounds for divorce (living separate and apart for 180 days). You are right that the statute does seem to indicate that the laws are different when there is a child involved and it does seem to state that you must live apart for not one year but one year and six months from a date certain from a judgement of separation of a bed and board. Mandatory counseling is also listed. I would seek legal consultation in your area on these issues and the issues that you will need to deal with such as visitation and child support as well. It will not be a fast process for the actual divorce to be signed but it does seem that ou will be able to move on with your life a lot sooner than you think and all the paperwork is competed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.