got a question about divorce and e-mail.

[camero]

If a couple are divorcing and one spouse send an e-mail to another person but there's been no physical contact how is that played out in the divorce and custody battles? A friend has been e-mailing someone with plans to meet after the divorce is final. So what should I tell them?

[Orsino]

1. Tell who about what, exactly, and whom?

Not clear on what's being done to whom. Are you wondering whether intimate e-mail discussions could be used as weapons in the divorce and custody fight? I think probably yes, especially if an illicit relationship can be proven to have preceded the divorce filing and/or award.

[KansDem]

3. Well, when it comes to possibly incrimination emails, they can be destroyed, can't they?

I mean, if recent developments involving the White House are any indication.

[camero]

4. yeah that's what I'm asking

bummer this posted twice. What I'm wondering is can they be used even if no physical contact has taken place? It's the UK by the way where the legal definition of adultery is sexual intercourse outside of marriage. Realize a claim of unreasonable behavior could be filed but the person flirts alot so could be brought up over anything. Am I correct on that point?

[Orsino]

5. Sounds like an e-mail trail could be used to damage someone...

...but may not be all that relevant to core issues in a divorce and custody fight.

[rug]

2. Pennsylvania is a no-fault state, so it depends on what they're fighting over.

[OPERATIONMINDCRIME]

6. In A Court Of Law, Flirting Doesn't = Adultery, Period.

As far as custody, it would likely irritate the judge if such a thing were attempted to be used to sway custody one way or the other. It would also probably irritate the judge if the emails all originated after separation took place, and there is no evidence whatsoever that the spouse was unfaithful during marriage or that the emails occurred prior to the separation. All in all, the emails are worthless and would probably bring more risk to the party bringing them up, then the party who was guilty of sending them.