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When a wife with no job files for divorce how does the lawyer get paid? Will it cost more filing for adultery with good proof?

Singer, LA |

I have video and pics from his phone (on our computer) of his cheating, I have emails and there is the chance she's pregnant. Also have recites from things he's bought but never buys and photo copies of checkbook entries that aren't form US. And he's begun lying about how much money we have. Has gifts from her in our truck plus some cards. i have pics of all these, that i took. He is constantly calling, getting calls, texting and getting texts from her.

Attorney Answers 3


  1. The court can order the party with the most funds to pay for both parties.


  2. The court always has jurisdiction to award attorney fees. The court should want to level the playing field. Based on the facts, the wife stands a very good chance of getting an attorney fee award.

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  3. You will have to figure out a way to pay the attorney in the beginning. The attorney fees for the divorce are a community debt and you can make that claim when dividing the community property but that does not occur until after the divorce unless you come to an agreement before the divorce is final. The proof you listed is what is called circumstantial proof and it is not sufficient to prove adultery but with other proof it would. Since Louisiana allows no fault divorce there is really no reason to prove adultery except for the issue of permanent spousal support and then it only prevents one from receiving spousal support, not obtaining spousal support. It would be less expensive to file for divorce based upon living separate and apart for the required amount of time since that does not require any more proof than an affidavit. To prove up adultery in a divorce would be much more expensive.

    Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

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