Many people say it’s easier to date using apps. In fact, DivorceMag reports that between 20% and 70% of romantic relationships begin online through dating apps. But that’s not the only part of life that smartphones make easier. In contrast, more and more relationships – including marriages – are ending because of smartphone use, particularly when smartphones are used to facilitate affairs. According to LoveItCoverIt, smartphones even make it easy to cheat! There are dating apps specifically designed to help individuals hide extramarital affairs. Understandably, many marriages end up in divorce proceedings because one spouse found evidence of undesirable behavior on the other spouse’s phone. So when it comes to smartphone use and the related “evidence” of adultery, how is the divorce process affected in Louisiana?
Louisiana is a no-fault divorce state, which means that you don’t have to prove that your spouse did something wrong in order to file for divorce. The only grounds you need is to simply say that your marriage is “irreconcilable.” After that, the only requirements are fulfilling the applicable separation period (180 days if you don’t have children, and one year if you do), and prove residency of Louisiana, according to DivorceNet.
So, what about that incriminating evidence you found on your spouse’s phone? Is it pointless in a divorce case? No! It turns out that information can be used for the legal processes that come after filing for divorce: decisions regarding alimony, division of assets, child support, custody, and visitation. This is where the help of an experienced divorce lawyer is essential!
Just because Louisiana doesn’t require fault as grounds for divorce doesn’t mean you can’t use fault as grounds to get the settlement you deserve. In Louisiana, you do have the option to file for a contested divorce as opposed to an uncontested divorce. As the name implies, a contested divorce means that you and your spouse do not agree on every aspect of the divorce outcome and settlements.
HG.org Legal Resources says that the two issues that couples fight over the most during divorce proceedings are custody of children and division of marital assets. And HG.org Legal Resources goes on to say that these are two prime areas where cell phone history can come into play, as “lawyers will use any information that they can find throughout the cell phone history to try and prove if there was an affair, abuse, violence, unstable behavior, or extravagant use of the marital assets.”
If you’re considering divorce in the Baton Rouge, LA area, and you believe that your spouse might be responsible for adultery, unstable behavior, financial infidelity, abuse or other crimes, it’s time to talk to an experienced divorce lawyer about getting the justice you deserve! Miller, Hampton, and Hilgendorf are here to help you obtain the marital assets, child support, and custody rights that should be yours. Get help fighting for the justice you deserve! Call us at 225-343-2205 or contact us online today!
3960 Government St.
Baton Rouge, LA 70806