Is cyber or phone sex considered adultery?

Divorce attorney Jason BowmanQuestion:

Is having cyber sex or an affair over the phone considered adultery?

 

Answer:

First, let me preface my stating that I am not licensed in your state so I am unable to provide you with any specific advice to your question. You should consult an attorney in your jurisdiction for specific advice to your question.

The Court in your jurisdiction may or may not consider a cyber affair or a telephonic affair as adultery. However, a Court in another state may not consider those acts as adultery. The real question is how it is relevant to your divorce.

Some states are “no fault” states and will not consider evidence of an affair, whether physical, cyber or otherwise, in the distribution of assets. Some states will consider those acts for certain issues, such as maintenance.

If you and your wife have children, a court may consider those actions in determining custody. You should seek the advice of an attorney in your jurisdiction for specific advice to your question.

 

Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

 

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