Definitional Aspects of Adultery Adopted by the Parties.

All such terms below are adopted by the Parties with the understanding that such voluntary sexual activities below occur between one of the Parties and an external third party to the Parties’ marriage.

1.           Voluntary sexual intercourse with a third party. Many jurisdictions define “adultery” as voluntary sexual intercourse between a married person and someone other than their spouse, which is a view that the Parties adopt for their own guidance.

2.           Voluntary sexual gratification through physicality with a third party. Voluntary “sexual activity” is more encompassing than “sexual intercourse” alone and may include, but is not limited to, contact with an orifice for the purpose of affection or sexual gratification between a married person and someone who is not that person’s spouse, as said physical contact is deemed by the Parties just as damaging to their bond as sexual intercourse occurring between a Party and someone outside the Parties’ union when the non-involved Party does not have knowledge of, and/or has not consented to, allowing such extramarital sexual activity of any kind.

3.           Voluntary sexual communications. Real time or delayed interaction at a distance through any technological platform or device for the purpose of sexual gratification or for establishing access to sexual gratification with a third party. Such communications and/or interactions are not known to the non-involved Party, who did not or would not give consent to such extramarital activity by the involved Party.

4.           Voluntary sexual consumption of materials, services/locations, or other inanimate variables. This clause contemplates the following activities as either solitary actions or as activities shared with a third party who is not a spouse.

a.           Intentionally procuring and/or interacting, viewing, and/ or using pornographic, lewd, lascivious materials in any medium, including but not limited to pornographic websites, downloads, platforms, apps, printed media, and online and/or other types of video for the purpose of sexual gratification outside the Parties’ marital bond without the knowledge or consent of the non-involved Party.

b.           Intentionally procuring and/or using any devices for a lewd, lascivious, or pornographic purpose (i.e., extramarital sexual gratification) without the knowledge or consent of the non-involved Party.

c.            Intentionally visiting alone or with a third party or parties who are not the spouse any sexually-oriented business (i.e., a physical, “brick and mortar” location) without the knowledge or consent of the non-involved Party.

d.           Intentionally procuring or using sexually-oriented services, whether legal or illegal, without the knowledge or consent of the non-involved Party.

5.           Voluntary, intentional, social and/or emotional engagement of a third party that alienates marital affection. Negligently or intentionally investing time, energy, attention, and nurturing into a non-sexual relationship or non-sexual contact with a third party who is not a spouse which may also include inappropriately sharing intimate details and/or inappropriately sharing resources of a tangible or intangible nature. . Otherwise loosely known as an “emotional affair,” this extramarital activity exceeds the attention, time, and engagement typical of even close platonic friendships. An emotional affair, as understood in this Appendix by the Parties, involves no explicit sexual contact and no explicit sexual gratification, but may or may not involve minimal, socially acceptable affection and physical contact that is considered appropriate in a public setting. The Parties construe an emotional affair as adultery because of its likely negative impact on the Parties’ marital bond. An emotional affair may be characterized by a Party’s decision to engage with a known or unknown external person or an artificial intelligence or a paid-for service in real time (e.g., live chat, text messaging) or in delayed time (i.e., private messaging or emailing back and forth), in person physically together, or through any digital communications, online platforms, or technological devices.

Assumption of the Risks.

The Parties each acknowledge and accept that even with such guidance as mutually agreed upon in this Appendix, adultery presents unique definitional challenges that may be highly context-dependent and fact-sensitive, and the Parties agree that some situations may not easily conform to the terms offered in this Appendix.

1.           While the Appendix seeks to offer a more concrete tool to ascertain if an action, behavior, or relationship constitutes adultery, the Parties accept that a given situation may raise questions about whether adultery has been committed, but the terms herein may not resolve definitional and/or evidentiary concerns depending on the complexity or ambiguity of said situation.

2.           Despite the guidance mutually established by the Parties and committed to in this Appendix, accusations of adultery may need to be resolved in the Dissolution of Marriage Action, which may increase the length, as well as the financial and emotional costs, of divorce litigation.