Sexting, Marriage, and Divorce

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Sexting and your marriage. Is it acceptable? Especially if you have fallen out of love or are considering filing for divorce or legal separation? Lately, it seems that incidents of high profile men (and sometimes women) engaged in prolific sexting have taken over the news. So does sexting, or sending sexually explicit photographs or messages via cell phone, really affect relationships?

Some claim that sexting is merely a playful activity that can improve marriages by introducing excitement. Others disagree, finding it to be immoral behavior that threatens marital unions. Is one side correct? And perhaps more importantly to some, will the outcome of your California divorce be affected if you are caught sexting with a man or woman who is not your spouse?

As technology increases, it has made our lives easier and, sometimes, more complicated. Today’s technological gadgets have created a false sense of intimacy and anonymity. In some cases, when a spouse isn’t getting the emotional fulfillment out of a marriage he or she needs, that person may look to outside of the relationship. Harmless texting can take a wrong turn quickly, leading to unseemly conversations and flirtation among unsatisfied spouses. While many men and women who engage in this type of activity brush it off as “innocent flirting,” they fail to recognize that flirtation is the first step in courtship, and continuing that type of connection can (and often does) put a committed, monogamous relationship in jeopardy.

While California is a no-fault state when it comes to divorce, meaning that your sexting can’t be held against you as a reason for your spouse to end your marriage, this doesn’t mean that the issue of infidelity will not come up during your divorce.

At the end of the day, it is probably safe to say that if you don’t want your spouse to see the texts that you are sending to another person, you might want to consider your motives for having the ‘outside’ relationship, particularly if you are interested in maintaining your marriage.

For more information on the role of sexting in your Los Angeles divorce, or to discuss filing for divorce in California, contact the expert family lawyers at Walzer Melcher LLP today.