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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.Phone sex, sexting, instant messaging, chat rooms, live web cams, online dating sites, online virtual worlds, exchanging photos and live videos, not to mention Skype, Facebook, Instagram, Twitter—the list goes on.Simply put, there's no end to the options for a partner who is motivated to engage in a non-physical sexual relationship without someone else outside of marriage.While infidelity alone doesn't mean a spouse is an unfit parent per se, the content of the communications between a cheating spouse and his or her lover could be of a nature that calls that parent's mental and emotional stability into question.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.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.
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.
The typical affair used to start in the office and move to a seedy motel room, but the vast reach of the Internet has brought infidelity into many couples’ homes over the past decade.
The growth in steamy chat room conversations and cybersex also has triggered a rethinking of the meaning of infidelity.
Like Snapchat, Cyber Dust also causes message to automatically erase.
However, with Cyber Dust, the messages really do disappear and cannot be reproduced, although both apps are far from full proof since users can't control whether a screen capture is made of an image, although Cyber Dust does notify the sender if it detects that one has been made.
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.