A far less common example would be online infidelity that was so egregious that it caused emotional detriment to the innocent spouse that has impacted his or her ability to support himself—in other words, if an innocent spouse is so emotionally devastated that he or she is unable to work and needs therapy to recover.
However, not all courts require the innocent spouse to prove that his or her spouse's online infidelity caused actual financial detriment or resulted in the dissipation of marital funds.
Cyber cheating has rapidly grown to be a leading cause for divorce over the last decade Often, these activities start out innocently enough, but before long, the friendship becomes more flirtatious and eventually morphs into a full blown online relationship that takes an spouse's already waning attention away from his or her marriage.
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.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.Like Snapchat, Cyber Dust also causes message to automatically erase.
However, with Cyber Dust, the messages really do disappear and cannot be reproduced, although both apps are far from full proof since users can't control whether a screen capture is made of an image, although Cyber Dust does notify the sender if it detects that one has been made.
However, contrary to popular belief, Snapchats don't actually disappear, they're just hidden, which means they are accessible by court subpoena should you ever find yourself in divorce court.
In answer to this problem, billionaire entrepreneur, Mark Cuban, created Cyber Dust.
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.
As a practical matter, regardless of what the law says, even the most impartial judge can fall victim to his or her own empathy, and when particularly egregious, evidence like text messages, emails and social media can and do influence spousal support awards and property division.