Could copies of your spouse’s profile on an on-line dating site be considered an act of adultery?

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Could copies of your spouse’s profile on an on-line dating site be considered an act of adultery?

Asked on November 14, 2011 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Copies of your spouse's recent profile (one you can track as being recently placed or created or updated) are not in and of themselves considered adultery. It is certainly circumstantial proof of adultery or attempt at adultery but the act of adultery is really meaningless in a jurisdiction wherein no-fault divorce exists. Meaning, the fact of adultery is not going to get you more in terms of divorce. The only time it becomes a factor is if you live in a jurisdiction that offers options for fault divorces or petitions for divorce and if you have a prenup or antinup that you are trying to enforce this portion of the agreement.


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