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.
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.
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.
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.
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.
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.
On the contrary, contact that starts online routinely ends up becoming in person contact.