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However, regardless of how your state defines adultery, at this point, some sort of physical act, particularly some type of touching of the genitals of at least one participant, is required for an activity to amount to adultery.
As far back as the 60s, when phones had stretchy cords and rotary dials, court began ruling that phone sex didn't count as adultery.
The 22-year-old victim, from Morningside Heights, put himself in a “comprising position,” as he videochatted with the stranger at around 2 p.m. After the session ended, he thought everything was fine.
When it comes to pulling the trigger on divorce, will it even matter that your spouse has been caught red handed engaging in online infidelity? For one thing, all 50 states have enacted no-fault options, which allow you to get a divorce without proving that your spouse engaged in adultery or some other type of marital misconduct that caused your marriage.
Instead, generally one spouse simply needs to allege that there are irreconcilable differences or that the partners have become incompatible and that there's no hope for the marriage.
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.
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.