Chatting internet sex
Just like a physical affair, an emotional one affects the way partners relate to each other and usually not for the better.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.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.Sociological, popular culture, and gender studies have suggested that internet-based social chatting about sex is an informal social practice pursued mainly by men, and as such, the chat room or forum is considered a space for the ongoing construction of particular modes of masculinity.
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.
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.
Craftier cheaters are opting for apps like Snapchat and Cyber Dust, which cause messages to be automatically deleted just seconds after being sent.
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.