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However, regardless of how your state defines adultery, at this point, some sort of physical act, particularly some type of touching of the genitals of at least one participant, is required for an activity to amount to adultery.

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In the 32 states where adultery is still a grounds for divorce, states have, either through statute or case law, expressly defined adultery as a specific sexual acts, in other states it remains technically undefined.The exact definition of marital misconduct varies by state and case law, but generally includes behavior that falls short of traditional adultery.Still, in many of these states, the misconduct must have a financial component, especially when it comes to property division.The misconduct must generally impact the innocent spouse financially in order to be considered in property division.Among the most common ways for a spouse to show economic detriment include the cheating spouse spending money on gifts and other activities for the object of his affection and paying for access to paid websites such as live web cams and chat lines.

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