Terry J said:
In the state of Missouri can emails,and instant messages of a sexual nature be used to prove a spouse has had an extramarital affair.
My response:
I don't know of any jurisdiction that allows "writings" to be "proof" of extramarital affairs. We still have the First Amendment to the Constitution (Freedom of Expression) and, for all you know, the writings are merely "fantasy"; i.e., not conclusive of an actual, ongoing, affair. Even if the content was extremely detailed, it still doesn't mean that the writings aren't "fantasy".
Does reading Playboy or Hustler magazines mean that the reader is having an extramarital affair ? You can't convict someone for what they may be "thinking"or "writing".
And finally, why would you want to spend the extra money to fight a "Fault" divorce ? If you want a divorce, just file under the "No Fault" grounds, and it will move relatively quickly, and you'll still get your divorce. A divorce is a divorce is a divorce. The only difference is that one costs more than the other.
IAAL