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.
Remote sex technology, like the Mojowijo, which consists of gender-specific remote controlled sex toys, will soon be widely accessible.
(And they aren’t.) So what can you do to ensure your online dating life doesn’t end in disaster? According to our research, some parts of the country are safer than others for online dating. We adjusted this data to account for population, then correlated our stats with various demographic information from Gallup and other sources as noted. Our nation’s capital is not where you want Ok Cupid to find love for you.
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.
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.
However, while your digital deviance may not constitute sex in the eyes of family court judges for purposes of proving adultery, many states allow and even require judges to consider marital misconduct or wrongdoing when awarding spousal support or property division.