Arlington, TX asked in Divorce for Louisiana

Q: How does adultery affect alimony?

My husband fathered an outside child about 16 years ago but but I stayed. Late mid last year my son discovered naked pictures of his live in girlfriend in my husband's phone. I'M THROUGH!!!!

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2 Lawyer Answers
Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Covington, LA
  • Licensed in Louisiana

A: Get those pictures printed. Is your son willing to testify? Adultery means your divorce can be granted more quickly and means you can get spousal support from him, if he has the income to support it.

Douglas Lee Bryan
Douglas Lee Bryan
Answered
  • Marksville, LA
  • Licensed in Louisiana

A: Adultery can be grounds for an immediate divorce. Having pictures on his phone doesn't necessarily mean that he's committed adultery; there would have to be proof that he's actually having intercourse outside of the marriage. However, I certainly would get copies of the photos and ensure your son will cooperate in testifying what he found. No fault is required to obtain interim spousal support during the pendency of the divorce; however, these photos can be used to prove his fault for purposes of obtaining permanent spousal support, as long as you can prove financial need and your freedom from fault in the breakup of the marriage.

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