Can my ex get me for adultery if she walked out on me 3 years ago?

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Can my ex get me for adultery if she walked out on me 3 years ago?

I started dating a year ago. Now my girlfriend is pregnant. I’m going file for divorce in next few weeks.

Asked on April 10, 2011 under Family Law, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If by your ex you mean your spouse, you need to understand that every state is different in terms of whether divorces require fault on the part of one spouse (adultery, abuse, abandonment) or if it can be merely via irreconcilable differences.  If your spouse left you three years ago, there is good argument she abandoned you and have been separated now for three years. Divorce at this point may simply be a matter of filing the divorce documents (a matter of formality). She abandoned you and you have been living separate and apart for over 180 days. While adultery is absolutely prohibited, it appears she abandoned you. Talk to your divorce attorney about these issues and see if you just wind up getting a default on her since she abandoned you.


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