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Remote sex technology, like the Mojowijo, which consists of gender-specific remote controlled sex toys, will soon be widely accessible.
Other "sex tech" items that simulate the sensation of human genitalia as well as clothing and bed linens made from materials that are designed to product sexual sensations are on the horizon.
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.
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.
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.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.Additionally, those communications could indicate to the judge that the cheating parent may be unwilling or unable to foster the love and affection the child feels toward the innocent spouse, which would certainly be a consideration in determining the best interests of a child and influence the child custody outcome.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.
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.