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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.
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.
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Remote sex technology, like the Mojowijo, which consists of gender-specific remote controlled sex toys, will soon be widely accessible.
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.
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.
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.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.