It is estimated that more than 30 million Americans are using online dating services as of October 2020. With that many individuals connecting online to potential partners, some are looking for extramarital conduct such as through online services like Ashley Madison, which connects married and otherwise committed individuals to others looking for something more in their love life. Of course, with a slogan like “Life is short. Have an affair,” it makes some people raise an eyebrow and ask if I find out my spouse downloaded a dating app, is it considered adultery?
Dating Profiles Can Be Used As Evidence In Divorce
In Tennessee, unless a divorcing couple can agree upon the separation, the courts will consider the reasons why the spouse calling for divorce, including grounds of adultery or abuse. As such, evidence of a dating profile while still married can be used as evidence in an at-fault divorce proceeding.
However, for it to have value on the divorce, the profile needed to be made before the separation occurred. Typically, if there is evidence of an affair, such a dating profile would be useful supplemental evidence.
In addition, the evidence of a dating profile must have been obtained legally–taking your spouse’s phone and searching for a profile may seem like your right as the husband or wife–but the courts don’t always agree. But, if a friend or family member comes across their profile while using the dating service and takes screenshots, the court would consider that legally obtained.
Unfortunately, in the era of Photoshop and photo altering services, even that can be hard to use as substantial evidence in a fault divorce. There are apps on the market that will search for users’ profiles legally, but that too can come into grey territory.
The most logical and legally sound way to obtain the evidence of a dating profile is to work with a Tennessee divorce attorney who can help you obtain a subpoena to gather this online information and prove whether or not your spouse committed adultery.
Can I use a dating service while my divorce is getting finalized?
If you are in the process of a divorce and contemplating getting a dating app to get yourself back out there, it is best to wait until the divorce is finalized–regardless if the separation is mutual, or you were the one to ask for it.
Any evidence that you’re starting a new relationship while still technically with your spouse can be used against you–it’s just not worth it.
Dating Services Lead to Questions of Infidelity, Adultery: MHPS Law
Marital infidelity brings an unfortunate aspect to divorce cases, especially when you find out your spouse was utilizing a dating service. At Martin Heller Potempa & Sheppard, PLLC, we help individuals through the divorce process by reviewing all aspects of any fault that occurred during the marriage. If you are contemplating divorce, you need legal guidance. The family law attorneys of Martin Heller Potempa & Sheppard, PLLC can help. Schedule an appointment today.