However, while your digital deviance may not constitute sex in the eyes of family court judges for purposes of proving adultery, many states allow and even require judges to consider marital misconduct or wrongdoing when awarding spousal support or property division.The exact definition of marital misconduct varies by state and case law, but generally includes behavior that falls short of traditional adultery.

If you want a more immediate expiration of messages, you can set content to delete as soon as it's been opened and read.

Finally, there is protection against screenshots with no names displayed in private chat rooms.

As far back as the 60s, when phones had stretchy cords and rotary dials, court began ruling that phone sex didn't count as adultery.

Not only is it well settled that physical sexual contact is required for adultery, you'd probably be surprised how little judges really care about actual adultery let alone cyber cheating and phone sex.

Craftier cheaters are opting for apps like Snapchat and Cyber Dust, which cause messages to be automatically deleted just seconds after being sent.

However, contrary to popular belief, Snapchats don't actually disappear, they're just hidden, which means they are accessible by court subpoena should you ever find yourself in divorce court.In answer to this problem, billionaire entrepreneur, Mark Cuban, created Cyber Dust.Like Snapchat, Cyber Dust also causes message to automatically erase.However, not all courts require the innocent spouse to prove that his or her spouse's online infidelity caused actual financial detriment or resulted in the dissipation of marital funds.As a practical matter, regardless of what the law says, even the most impartial judge can fall victim to his or her own empathy, and when particularly egregious, evidence like text messages, emails and social media can and do influence spousal support awards and property division.Still, in many of these states, the misconduct must have a financial component, especially when it comes to property division.