- Legal Separation, Adultery and the UCMJ | soulledlife.com
- This guy who is in the Army messed around with a married woman..?
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Legal Separation, Adultery and the UCMJ | soulledlife.com
But she is trying to get full custody of the kids and have her husband pay for the divorce and pay for her apartment so she can live on her own along with paying her support and pay for the testing to see if it's really the Army guys baby. Also they guy in the Army lives in a different state. I already told the married man to get a lawyer but he needs advice on how to get custody and make sure he doesn't have to support her while she goes off and cheats on him.
I know this is a lot of Info but I really need to know what can happen in this situation for the husband the father of the kids wants custody and I feel so bad for him since he is the father of my god children. She is also unemployed, and the husband already has 2 full time jobs just to support her and his 2 children. Are you sure you want to delete this answer?
Other posters gave what is substantially the correct answer, though I'll go into a bit more detail.
The last one is significant because it is tightly linked to another time-honored tradition of military service--that being the fact that unlike the civilian world, your personal conduct is considered a direct reflection of your military service, and doing something that would bring discredit upon the service is itself a crime under the UCMJ. Additionally, another circumstance may arise from time to time in which a Commanding Officer would have reason to believe of a potential relationship or likelihood of such a relationship , and would preemptively order the service member to STOP immediately.
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Such was the case with Air Force officer Kelly Flynn in her adultery trial. In such a situation, a service member could also face an additional Article charge of failure to obey a lawful order since there was a separate a specific order regarding a specific conduct. The decision to pursue charges is complex, and is largely based upon the Article issue previously discussedbasically, how likely is it that this will bring discredit upon the military in the eyes of the public?
It's for this reason that although the vast majority of adultery cases never end up in a military legal proceeding of any type, there are certain cases that almost always do.
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Is the relationship between an officer and an enlisted member? You can bet there'll be charges. Is the relationship between spouses of coworkers? The loss of trust and moral in such a situation will almost always warrant command action. Is the scorned spouse willing to make an issue out of it by perhaps contacted a member of Congress or demanding to speak to every person they can get to talk with them at the Pentagon? Well, the squeaky wheel gets the grease, and in this situation, more than a few eyes will be on the problem.
Finally, is the affair part of a public scandal?
This guy who is in the Army messed around with a married woman..?
If something ends up in the newspaper, they commanding officer will probably know about it. I don't particularly condone this type of behavior though I'm also a realist , but if I could give advice about trying to avoid prosecution, I'd say that the secret is to simply keep a low profile. The military takes notice when you make a public deal of something, so as long as there's a low key divorce proceeding out in town, the local JAG office will be unlikely to know or care.
The second you start bringing the drama into the public or onto the base, action will usually be taken.
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I suppose the secret then is to keep the spouse happy, regardless of what you've done to her or she's done to you. As for affairs with civiliansthe military would have no jurisdiction on the civilian member, of course, but the military member is fair game regardless of the circumstances.
Because it's the military person who cheated here, that does put him on the hook, but only as much as an issue is made of it. It any event, as previously posted, it's unlikely that anything other than a reduction in paygrade would occur, and even that is not certain. High profile cases that have ended up in the news with courts marshal have done so for exactly that reason--they were already high profile.
I already mentioned Kelly Flynn, but there are others, and this is largely a function of how important they were in the eyes of the military and of the public. The other information regarding dependent care and such is generally accurate, though you should contact an attorney specializing in family law for specifics since other than medical benefits, other support issues are highly state-specific.
For the most part, the military stays out of these issues except to officially order the member to fullfill his obligations for support which again, are state-specific. If your friend is not receiving support, a call to the member's command will usually get things fixed pretty quicklyoften more quickly than going to court for non-support. Fix A Broken Marriage http: For the best answers, search on this site https: The answer to this straightforward question can be anything but simple.
There are three distinct elements to the crime of adultery under the UCMJ: The third and final element is where our simple question starts to become complicated. A formal separation agreement is essentially a written contract between a husband and wife resolving the significant legal issues between them involving property, debt, support, child custody, etc. Such agreements often become part of the final divorce granted by a state court and the act of signing such a document usually signifies a major step toward a final divorce.
While the above information provides a general framework for examining our original question, every situation is unique. If you have questions about your particular circumstance, please contact your local JAG office. Kenny Office of the Staff Judge Advocate.
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