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.
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.
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.
Instead, generally one spouse simply needs to allege that there are irreconcilable differences or that the partners have become incompatible and that there's no hope for the marriage.
Let’s imagine that an overprotective parent won’t let her child ride on a roller coaster. The answer depends on whether the virtual experience had the same features of the real experience that was making the parent make the rule in the first place.
The child then goes on to the web and watches videos featuring point-of-view movies of people riding on roller coasters. If the parent were concerned with the physical safety of theme park rides, then the video might be seen as a legitimate substitute.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.The misconduct must generally impact the innocent spouse financially in order to be considered in property division.Among the most common ways for a spouse to show economic detriment include the cheating spouse spending money on gifts and other activities for the object of his affection and paying for access to paid websites such as live web cams and chat lines.A far less common example would be online infidelity that was so egregious that it caused emotional detriment to the innocent spouse that has impacted his or her ability to support himself—in other words, if an innocent spouse is so emotionally devastated that he or she is unable to work and needs therapy to recover.