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Currently, divorce law requires, at a bare minimum, physical contact of a sexual nature in order to satisfy the definition of adultery.However, technology is rapidly evolving that will soon make it possible for people who are in two separate locations to physically stimulate each other.
Another problem with non-physical online relationships, phone sex and sexting is that there is no guarantee that the encounters will remain at a distance and that the two will never meet face to face.
As a practical matter, regardless of what the law says, even the most impartial judge can fall victim to his or her own empathy, and when particularly egregious, evidence like text messages, emails and social media can and do influence spousal support awards and property division.
On a sidenote, it isn't outside the realm of possibility that evidence of cyber cheating could influence the outcome in divorce cases where child custody is in dispute.
Not only is it well settled that physical sexual contact is required for adultery, you'd probably be surprised how little judges really care about actual adultery let alone cyber cheating and phone sex.
However, while your digital deviance may not constitute sex in the eyes of family court judges for purposes of proving adultery, many states allow and even require judges to consider marital misconduct or wrongdoing when awarding spousal support or property division.
Web Sites where the user can create their own Chat Bot for Free or for a fee.
Personal and Professional applications for such uses as Customer Service Agents and On-Line Assistance.The exact definition of marital misconduct varies by state and case law, but generally includes behavior that falls short of traditional adultery.Still, in many of these states, the misconduct must have a financial component, especially when it comes to property division.In 17 states, fault options have been abolished entirely and adultery will not be considered in any aspect of divorce.In the 32 states where adultery is still a grounds for divorce, states have, either through statute or case law, expressly defined adultery as a specific sexual acts, in other states it remains technically undefined.When it comes to pulling the trigger on divorce, will it even matter that your spouse has been caught red handed engaging in online infidelity? For one thing, all 50 states have enacted no-fault options, which allow you to get a divorce without proving that your spouse engaged in adultery or some other type of marital misconduct that caused your marriage.