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In 17 states, fault options have been abolished entirely and adultery will not be considered in any aspect of divorce.In the 32 states where adultery is still a grounds for divorce, states have, either through statute or case law, expressly defined adultery as a specific sexual acts, in other states it remains technically undefined.
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.
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.
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.
Remote sex technology, like the Mojowijo, which consists of gender-specific remote controlled sex toys, will soon be widely accessible.
Other "sex tech" items that simulate the sensation of human genitalia as well as clothing and bed linens made from materials that are designed to product sexual sensations are on the horizon.
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.
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.
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.