Infidelity causes many marriages to end. When you think about infidelity, your first thought may be that a physical affair occurred. However, not all forms of infidelity are physical but more emotional in nature. An emotional affair can be just as detrimental to a marriage as a physical affair. The intentions are just as hurtful to the victimized spouse, if not more. Emotional affairs end marriages all the time but sadly are not recognized as an affair in the eyes of the law in some states. Here are some things you need to know:
How Are Physical and Emotional Affairs Different?
Physical and emotional affairs differ in that emotional affairs do not include the physical act of adultery. Typically, emotional affairs consist of relationships outside of the marriage in which two people get emotionally attached to one another to the point that it seems like a romantic relationship without the physical acts. Physical affairs can certainly be emotional, but emotional affairs are not typically physical. Many emotional affairs take place through constant talking, texting, emailing, or meeting secretly to talk. These affairs often include the sharing of secrets or information with each other. Some participants in these affairs actually denigrate their spouse to their affair partner. It is not uncommon for emotional affairs to eventually become physical affairs.
How Does the Court Handle Emotional Affairs in Divorce?
Each state has rules regarding divorce and adultery. Adultery is defined in most states as sexual activity that occurred between one spouse and a person outside of their marriage. An emotional affair may not hold up as grounds for divorce in all states if no physical activity took place, which means infidelity cannot be named as the cause of the divorce. In this case, you cannot file for divorce on the grounds of adultery.
If you want to pursue adultery as the cause of your divorce, you have to provide proof that an affair took place. This would be in the form of phone calls, text messages, witnesses, pictures, and financial records. If you can show that the emotional affair had the potential to turn physical, you may be able to convince the judge to allow for a divorce on the grounds of adultery. This is not common but can happen if you have very compelling evidence.
If you have found your spouse having an emotional affair and you want to end your marriage, you should speak to a divorce attorney in your area. Present your evidence to the attorney so you can find out if you have a case of adultery in the eyes of the law in your state.
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