Adultery Law in Louisiana

Adultery in Louisiana is defined as voluntary sexual intercourse between a married person and someone other than their spouse. Although adultery itself is not a criminal offense under Louisiana law, it carries significant legal consequences in civil matters, particularly in divorce proceedings.

Specifically, Louisiana Civil Code Article 103(2) allows a spouse to file for divorce based on the fault ground of adultery, which can lead to a faster divorce process without the standard separation period. In order to succeed on this ground, the accusing spouse must prove the act of adultery with clear and convincing evidence.

In addition to divorce, adultery may influence other aspects of family law, such as spousal support and child custody. Under Louisiana Civil Code Article 112, a spouse found guilty of adultery may be denied final spousal support if the misconduct contributed to the breakdown of the marriage.

However, courts generally prioritize the best interests of the child in custody decisions, and adultery alone may not be sufficient to alter custody arrangements unless it directly affects the child’s well-being. Thus, while not criminal, adultery in Louisiana can have serious civil repercussions. A Louisiana attorney can answer any questions you may have on such matters.

Is It a Crime To Commit Adultery?

In short, no, adultery is not a criminal offense in Louisiana. However, as noted above, it may carry serious consequences in civil matters, such as divorce, spousal support, and custody. It is important to note the act itself is not punishable under the state’s criminal code. In sum, Louisiana law treats adultery as a fault-based ground for divorce under Louisiana Civil Code Article 103(2), but it does not impose criminal penalties like fines or imprisonment for the act itself.

Are Adultery Statutes Constitutional?

In short, it depends. Adultery statutes, particularly those used in civil contexts like divorce proceedings, are generally considered constitutional when they serve legitimate state interests such as protecting the institution of marriage or guiding fault-based divorce outcomes. While civil statutes referencing adultery are typically upheld, criminal penalties for adultery may be vulnerable to constitutional challenge.

Who May Initiate a Prosecution for Adultery?

In Louisiana, adultery is not a criminal offense, so there is no prosecution initiated by the state for committing it. Instead, adultery is treated as a fault-based ground for divorce under Louisiana Civil Code Article 103(2). In such cases, the aggrieved spouse may initiate a civil action for divorce, presenting evidence of the adulterous conduct. The court will then evaluate the claim within the context of family law, not criminal law, and may consider it when determining spousal support or custody arrangements.

In other states, the treatment of adultery varies. While most states have decriminalized adultery, a few, such as Oklahoma, Michigan, and New York, still retain outdated criminal statutes that technically allow prosecution. However, these laws are rarely enforced and often face constitutional challenges based on privacy rights. In practice, adultery is far more commonly addressed in civil divorce proceedings across the United States, where the wronged spouse initiates the case and the court considers the conduct as part of the marital dissolution process.

Who Has the Burden of Proving Adultery?

In Louisiana, the burden of proving adultery falls on the spouse who alleges it as a fault-based ground for divorce. Under Louisiana Civil Code Article 103(2), the accusing party must present clear and convincing evidence that the other spouse engaged in voluntary sexual relations with someone outside the marriage.

This standard is higher than a mere preponderance of the evidence and typically requires proof beyond suspicion, such as eyewitness testimony, photographs, or admissions in order to persuade the court. Without sufficient evidence, the claim may be dismissed, and the divorce may proceed under other grounds.

What if I’m a Victim of Adultery?

If you’re a victim of adultery in Louisiana, you have the right to seek a fault-based divorce under Louisiana Civil Code Article 103(2). You may also pursue legal protections such as injunctions or restraining orders if the situation involves harassment, threats, or emotional abuse. These court orders can help ensure your safety and prevent further contact during the legal process. Additionally, emotional recovery is important. Many individuals benefit from counseling or rehabilitation services in order to cope with the betrayal and rebuild their well-being after the breakdown of trust in their marriage.

Should I Hire a Lawyer for My Adultery Case in Louisiana?

If you have encountered adultery or are pursuing a fault-based divorce under Louisiana Civil Code Article 103(2), it is recommended to meet with an experienced Louisiana criminal defense lawyer or family lawyer. LegalMatch can assist you in locating a lawyer near you that can guide you through the legal process, ensuring that your rights are protected and that you meet all procedural requirements for filing and litigating your case.

Beyond divorce itself, a lawyer can also help you navigate related issues such as spousal support, child custody, and property division, all of which may be influenced by the adultery claim. Legal counsel is particularly helpful if the situation involves emotional distress, financial disputes, or contested allegations. Having professional representation makes you better equipped to achieve a fair outcome and avoid costly mistakes that could affect your future stability. They can also represent you in court, as needed.