Do I have to wait 365 days to be granted a divorce ifmy wifewilling to admit to adultery?

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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 11 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.


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