# What does the court define adultery as being?



## losinghope12

On the surface stupid question I know, but I am getting ready to file for divorce from the wife. The wife has been aggressively texting no fewer than two guys (both over 700 miles away for us) with varying degrees of sexual overtones.

For example, she is texting someone from the deep south no fewer than 20 times a day (and when I'm not home calls him at least 3-4 times a day). I wised up and took a picture of a chat log once where they wished they were sleeping in the same bed as each other and expressed love for one another, referring to each other as 'my love'. I saw a string of texts (and I'm kicking myself that I didn't snap a pic of it) but she went on to very graphic detail about how she wanted to have sex, wanted him to ejaculate in her and then to feel it running down her thigh. I've seen a pic of him with an erection (wearing pants), and while I haven't seen the pics, I am positive she sends him pics of her naked as well.

On a side note, she also hangs up the phone as soon as she hears the garage door opening from me getting home from work and texts him 10 minutes afterwards with a 'that was close, ha ha.'

All that said, while I don't believe anything physical has happened (due to the distance & the fact that this guy is also married and has a small child), is this enough for the courts to consider it adultery? It certainly feels like it to me. I hope the phone company can provide a full transcript of text history once those records get subpoena-ed, if not I'll have to rely on a basic transcript of 20+ text a day (probably higher than that) with the one picture I have of a chat log expressing love for one another


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## luckycardinal

That may depend on where you live. Is adultery a ground for divorce in your state? It is in very few anymore. It could help you to get some financial advantages if it can be proven but adultery is normally not even considered in child custody situations - unless she abandoned the kids to go off with another man or something like that. Very few people ever have actual physical evidence of adultery - meaning that it would be very hard to get evidence that something physical had gone on. However, the chat log and the fact that she has been texting this guy/guys 20 plus times per day would seem to be decent evidence of some kind of affair going on. Not sure about subpoenaing the records. That may depend on whether adultery's a ground for divorce. It'd consult an attorney ASAP.


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## luckycardinal

Some states (namely, Georgia, for one) do care if there is proveable adultery. It could give you an advantage in the financial side of the divorce. I don't know about other states. I'd talk to an attorney to see if it would do you any good.


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## F-102

Most states that have adultery laws on the books define it as sexual intercouse outside of marriage.

But using adultery or unfaithfulness as grounds for divorce are HIGHLY DISCOURAGED. You would have to prove beyond a reasonable doubt that you W intended to deceive you. Just like Alienation of Affection; you have to prove that the intent of your spouse's affair partner was to destroy your marriage. Don't be too surprised if your attorney tries to strongly encourage you to cite "irreconcilable differences".


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## mrmagoo

Is incompatibility considered one? Maybe same as ID


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## Lon

Where I live it is basically defined as sexual intercourse with someone other than your spouse while living together with your spouse.

So basically requires intercourse and depends on living conditions.


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## Mavash.

In my state it's defined by sexual intercourse and while it doesn't have to be proven there needs to be decent evidence that it happened.


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## Shaggy

Find the omw btw and give her a copy of the texts
_Posted via Mobile Device_


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