It seems that Kim Kardashian has once again posted nude selfies on the internet which, shocks nobody. However, nude photographs sent by a married person to someone other than their spouse may be grounds for divorce. Recent polls suggest that 98% of people believe that sending a nude photo to someone other than your spouse is cheating. Currently there is no caselaw in North Carolina which addresses this issue; however, it’s guaranteed to be on its way. If the courts rule that it is cheating then it would be grounds for terminating the possibility of receiving alimony for the spouse who sent the photos.
If sending nude selfies isn’t considered marital infidelity, can it be a factor considered by a judge when granting child custody and visitation privileges? In North Carolina judges are given wide latitude when considering what is in the best interest of the child. Working as an exotic dancer in a strip club by itself has not been used as a sole factor when determining child custody; however, it has been considered, along with other factors when the court restricted the mother’s visitation privileges.
Therefore, it is likely that a judge could take into consideration the transmission of extramarital nude photos depending on the circumstances and arguments of opposing counsel. Such arguments for and against considering such evidence would rely heavily on expert testimony and should be well prepared (and argued) by an experienced attorney. For any child custody, alimony or other family law concerns please call Stiles & Associates for a consultation on how best to proceed.