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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.
In fact, in some ways, a strictly physical affair, especially a brief one like a one night stand, isn't nearly as painful to a jilted spouse as an ongoing relationship that, although taking place entirely via the internet or a phone, allows a partner to develop an emotional connection with another person.
Just like a physical affair, an emotional one affects the way partners relate to each other and usually not for the better.
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.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.Moreover, while carrying on a traditional physical extramarital relationship requires the participants to find time away from work and family for secret rendezvous, strictly online infidelity affords a cheating mate the ability to be in almost constant contact with multiple paramours, all while sitting right next to his or her unsuspecting spouse on the sofa.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.On the contrary, contact that starts online routinely ends up becoming in person contact.Tags: Adult Dating, affair dating, sex dating