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11-Feb-2021 14:57

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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.In fact, in some ways, a strictly physical affair, especially a brief one like a one night stand, isn't nearly as painful to a jilted spouse as an ongoing relationship that, although taking place entirely via the internet or a phone, allows a partner to develop an emotional connection with another person.Just like a physical affair, an emotional one affects the way partners relate to each other and usually not for the better.On the contrary, contact that starts online routinely ends up becoming in person contact.Craftier cheaters are opting for apps like Snapchat and Cyber Dust, which cause messages to be automatically deleted just seconds after being sent.

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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.

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.

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.

Another problem with non-physical online relationships, phone sex and sexting is that there is no guarantee that the encounters will remain at a distance and that the two will never meet face to face.

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.



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