In the digital age, intimate relationships can be formed without physical contact. Infidelity, too, has shifted onto the virtual platform. This adds another complex layer to marital disputes.

If you recently discovered that your spouse has a ‘digital mistress’, you may wonder if there’s a way to hold the third party legally accountable. Let’s explore this possibility.

Digital Infidelity: Does it Count Legally?

Digital infidelity, also known as online or cyber infidelity, is an increasingly common issue in today’s tech-reliant society. This form of betrayal occurs when one partner engages in an emotionally or sexually driven relationship over the internet.

They may have intimate conversations in chat rooms, share explicit content, or form an emotional bond with someone other than their spouse.

While the emotional impact of digital infidelity can be as profound as traditional infidelity, its legal standing remains somewhat gray. As the law currently stands, most jurisdictions, including Texas, do not explicitly define or categorize digital infidelity as a form of adultery. Therefore, despite the psychological distress it may cause, digital infidelity typically does not have the same legal consequences as physical infidelity.

However, this doesn’t mean digital infidelity carries zero legal consequences. Its evidence could potentially influence divorce proceedings, especially in cases where it affects marital assets or child custody decisions.

For example, if a spouse spends significant marital funds on their online relationship, it could affect the equitable distribution of assets. Likewise, if a spouse’s online activities negatively impact their parenting capabilities or the child’s welfare, it may affect child custody and visitation rulings.

Recommended Read: Post-Divorce Financial Survival: A Texas Attorney’s Advice

Potential Civil Claims

While alienation of affection claims may not hold ground in many states, other civil claims could potentially arise from a situation involving a digital mistress. The specifics of these claims depend on the circumstances and actions of the parties involved.

For instance, one could potentially file a lawsuit for Intentional Infliction of Emotional Distress (IIED). This tort claim may apply if the digital mistress’s actions were outrageous or extreme and caused severe emotional distress.

However, winning an IIED claim is quite challenging; you must prove that the third party’s conduct was truly egregious and directly caused significant emotional harm.

Another possible civil claim could be based on invasion of privacy, specifically if the third party stepped into your personal affairs or publicized your private matters without your consent. For example, if the digital mistress knowingly involved herself in sensitive aspects of your private life, there may be grounds for an invasion of privacy claim.

Alternatively, you could file a claim if the digital mistress unlawfully accessed your emails, calls, text messages, or any other form of digital communication. An experienced, diligent, and responsible lawyer must be present in all these scenarios. They’ll help you understand potential claims and their feasibility.

Start Working with Daniel Ogbeide Law

Are you struggling to navigate the aftermath of discovering a spouse’s digital mistress? Consult a seasoned family law attorney to gain clarity and take the best course of action.

At Daniel Ogbeide Law, we’d be happy to take the reins for you. Contact us today.

You can also reach out to us if you’re looking for an experienced CPS lawyer, child custody lawyer, adoption attorney, divorce attorney, postnuptial agreement lawyer, prenuptial attorney, or writ of habeas attorney.