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However, regardless of how your state defines adultery, at this point, some sort of physical act, particularly some type of touching of the genitals of at least one participant, is required for an activity to amount to adultery.As far back as the 60s, when phones had stretchy cords and rotary dials, court began ruling that phone sex didn't count as adultery.
In answer to this problem, billionaire entrepreneur, Mark Cuban, created Cyber Dust.Cyber cheating has rapidly grown to be a leading cause for divorce over the last decade Often, these activities start out innocently enough, but before long, the friendship becomes more flirtatious and eventually morphs into a full blown online relationship that takes an spouse's already waning attention away from his or her marriage.While there are certain aspects of a physical affair, such as pregnancy and transmitting STDs, that aren't concerns with strictly emotional affairs, in all other aspects, both are considered equally devastating to relationships.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.On the contrary, contact that starts online routinely ends up becoming in person contact.
Craftier cheaters are opting for apps like Snapchat and Cyber Dust, which cause messages to be automatically deleted just seconds after being sent.
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.
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.