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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.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.
Craftier cheaters are opting for apps like Snapchat and Cyber Dust, which cause messages to be automatically deleted just seconds after being sent.
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.
Currently, divorce law requires, at a bare minimum, physical contact of a sexual nature in order to satisfy the definition of adultery.
However, technology is rapidly evolving that will soon make it possible for people who are in two separate locations to physically stimulate each other.
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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.