Dear JACUSTOMER - There is no legal definition of "cheating" in family law statutes. So "cheating" is whatever you want it to be. Some people consider it cheating to even talk to members of the opposite sex and others would require that there be a sexual affair. Different people have different standards of ethics, some personal and some based on religion. The legal term of adultery generally applies to extramarital sexual affairs so talking on the phone with nothing else would probably not qualify.
Everything depends on the circumstances in the situation and there is no clear legal definition of "cheating".
I spoke to a female friend of mine over internet and my wife saw sonversation history where my friend called me something like, "honey." She lives in a different country and we have never met. Given the circumstance, what does my spouse need to legally prove that I cheated (of course, I believe that I did not) and what could be negative consequences as she would be filing for divorce?
I really appreciate your opinioin.
My opinion is that this would not qualify in any legal way to constitute adultery for the purposes of grounds for divorce and it certainly would be considered under any criminal statutes as adultery. In most cases, if a spouse wants a divorce they can get one under a variety of grounds so they don't need to prove actual adultery for that purpose. Even if they can it really has no effect on the outcome of the divorce so I'm not certain what concerns you have. This is really more of a personal problem between you and your wife rather than some legal claim of adultery.
The fact that you have female friends is not the same as sleeping with them but some people, as I said in my original answer, consider talking to the opposite sex as "cheating" so I have no answer to that problem.
"My opinion is that this would not qualify in any legal way to constitute adultery for the purposes of grounds for divorce and it certainly would be considered under any criminal statutes as adultery."
You probably meant, certainly would NOT be considered under any criminal statues as adultuery - is that right?
BotXXXXX XXXXXne, I have nothing to worry about in terms of financial outcome of a divorce if she files and pursue - I meant, the outcome should not be impacted by her allegation, am I correct?
I really appreciate your help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).