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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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What is considered as cheating in marriage? Is talking to someone

Resolved Question:

What is considered as cheating in marriage? Is talking to someone over phone or computer considered as cheating?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

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".

Customer: replied 5 years ago.

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.

 

Thanks

 

Expert:  Dave Kennett replied 5 years ago.

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.

Customer: replied 5 years ago.

Your comment:

 

"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.

 

Thanks

Expert:  Dave Kennett replied 5 years ago.
Sorry - yes I meant NOT - just a typo on my part. I really see nothing to worry about from a legal standpoint but I can't solve internal marital problems. Thanks for using our service and have a Happy New Year. - Dave
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