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What happens then when, in addition to an innocent spouse showing the judge proof that his offending spouse had an online sexual relationship with another person, he is also able to prove that spouse used devices that allowed her to give and receive physical sexual stimulation with that person, even though they weren't actually in the same state, let alone the same room?

Even using the current definition of adultery, which requires some type of sexual intercourse, it seems that the future of sex tech will meet this requirement and a spouse will be susceptible to a finding of adultery based on activities engaged in with a person he has never even been in the same room with.

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.

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.

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Additionally, those communications could indicate to the judge that the cheating parent may be unwilling or unable to foster the love and affection the child feels toward the innocent spouse, which would certainly be a consideration in determining the best interests of a child and influence the child custody outcome.However, contrary to popular belief, Snapchats don't actually disappear, they're just hidden, which means they are accessible by court subpoena should you ever find yourself in divorce court.In answer to this problem, billionaire entrepreneur, Mark Cuban, created Cyber Dust.Jason Sprung, a 26-year-old comedian in Brooklyn, connected last year on the location-based dating app Tinder with a Tennessee woman who was visiting New York. It felt close to a relationship without actually seeing the other person.”The couple grew so intimate that the woman promised she would move to New York in six months. While his primary reasoning was logistical, he acknowledged that there may have been something else behind it. Sprung’s story of a non-IRL (“in real life,” for those of a certain age) extended liaison is not unique.The two didn’t get a chance to meet up while she was in town, but that didn’t deter them.“We talked on the phone every day for almost a month and sent a lot of texts and photos and videos and sexts,” Mr. “You build up this rapport” over the phone and computer, he said, “and the expectations that we had of each other were very high. More and more technophilic and commitment-phobic millennials are shying away from physical encounters and supplanting them with the emotional gratification of virtual quasi relationships, flirting via their phones and computers with no intention of ever meeting their romantic quarry: less casual sex than casual text.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.However, not all courts require the innocent spouse to prove that his or her spouse's online infidelity caused actual financial detriment or resulted in the dissipation of marital funds.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.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.

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