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The answer is regardless of whether the sexual encounter happened after separation or not, the parties are still married. ingly, from a legal perspective, if either were to engage with a new partner sexually, prior to the grant of the decree absolute, this is classed as adultery.
If you and your spouse are living separately, and have filed for divorce, then you are technically ?separated? under the eyes of the law. As a result, dating someone else does not count as adultery.
You must be able to prove, whether by direct or circumstantial evidence, the time(s) and place(s) of the adulterous incidents, and the identity of the person with whom your spouse committed adultery.
Adultery may significantly impact spousal support in a Louisiana fault-based divorce. However, Louisiana law states that lower-income spouses can only receive spousal support if they: Need financial support; OR. Didn't commit any of the aforementioned marital misconduct before filing their divorce petition.
The Louisiana courts don't make it easy. The person seeking a divorce must have actual proof of the infidelity to get a divorce based on adultery. Note that in Louisiana, adultery isn't limited to sexual intercourse. Louisiana courts have held that it also includes "sexual connection," such as oral sex.