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Can I divorce my husband for sexually abusing my child?

Can I divorce my husband for sexually abusing my child?

Full question:

My husband sexually abused my child (born out of my first marriage). I have already filed a complaint against my husband. Can I file for divorce for abusing my child?

Category: Divorce
Subcategory: Grounds
Date: 04/07/2025
State: Louisiana

Answer:

Yes, in Louisiana, you can file for divorce if your spouse has sexually abused your child. According to Louisiana Civil Code Article 103, grounds for divorce include:

Living separate and apart for the required time.
Adultery by the other spouse.
Committing a felony and being sentenced to death or hard labor.
Physical or sexual abuse of the spouse seeking divorce or their child during the marriage, regardless of prosecution.
Having a protective order or injunction issued against the other spouse for abuse.

Since you have already filed a complaint against your husband for abusing your child, you have grounds to pursue a divorce.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

On what grounds can a judge refuse a divorce?

A judge may refuse a divorce if the grounds for divorce are not legally sufficient. This can include situations where the couple has not lived separately for the required time, or if the grounds cited do not meet the legal standards set by state law. In Louisiana, for example, grounds must include instances of abuse, adultery, or other specified reasons under the Louisiana Civil Code. If the court finds that the divorce petition lacks merit, it may deny the request.

What happens if your wife has a child with another man?

If a married woman has a child with another man, the legal implications can vary. The husband is typically presumed to be the child's legal father unless paternity is established otherwise. This can affect issues like custody, child support, and inheritance. In some cases, the husband may seek a divorce based on adultery, which is grounds for divorce in Louisiana. Each situation can be complex, so it's advisable to consult with a legal professional.

What is included in a divorce complaint?

A divorce complaint typically includes the names of both spouses, the grounds for divorce, any children involved, and requests for custody, support, and division of property. In Louisiana, the complaint must state the specific reasons for seeking a divorce, such as abuse or adultery. It may also include information about any protective orders in place. This document initiates the legal process for divorce and must be filed with the appropriate court.

What happens when a married woman has a baby with another man?

When a married woman has a baby with another man, the legal father is usually the woman's husband unless paternity is contested. This can lead to potential custody disputes, child support obligations, and issues related to inheritance. The husband may also have grounds for divorce based on adultery. Legal advice is recommended to navigate these complex issues and understand the rights and responsibilities involved.

What does complaint for absolute divorce mean?

A complaint for absolute divorce is a legal document filed in court to initiate the divorce process. It outlines the reasons for the divorce and any requests regarding child custody, support, and property division. In Louisiana, this complaint must specify the grounds for divorce, such as physical or sexual abuse, and comply with state laws. It serves as the formal request for the court to grant a divorce.