Adultery is not defined in the Civil Code or any other body of law in Louisiana. However, courts have generally defined adultery as sexual intercourse occurring during the marriage between a spouse and non-spouse. The traditional definition has been expanded to include oral sex and repeated sexual contact between a spouse and non-spouse. The key is there must be some sort of sexual, intimate contact or touching. Generally, “sexting,” transmission of intimate photos or messages, and flirting do not constitute adultery; however, those acts may be circumstantial evidence of adultery.

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