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:
- State: Louisiana
Answer:
Yes. In Louisiana, a person can get divorced if the other spouse physically or sexually abuses their child. Therefore, you may divorce your husband if he has abused your child. The other grounds for divorce are mentioned in La. C.C. Art. 103.La. C.C. Art. 103 states:
“a divorce shall be granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.
(2) The other spouse has committed adultery.
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage, in accordance with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.”
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.
