I am currently going thru divorce. Have been seperated from my husband for almost 2 yrs. We are just waiting on court date. My bf is active duty in the USAF. If I were to get pregnant before divorce is final, would bf get into trbl with military?? He's been in it for 8 yrs and plans to retire(SSGT). We will take precautions if he would get into trbl, but if not, we would like to start a family together. SERIOUS ANSWERS ONLY PLEASE. I'm almost 27 and bf is 26.
2006-10-09 17:38:26 · 15 answers · asked by kimandkaitlyn2005 4 in Politics & Government ➔ Military
HE'S NEVER BEEN MARRIED. I'M NOT LEGALLY SEPERATED BUT SC LAW STATES AFTER 1 YR SEPERATION, NOTHING MATTERS. IT WOULD NOT AFFECT HIS PERFORMANCE AT WORK. WE'VE BEEN LIVING TOGETHER 6 MNTHS AND MY LAWYER APPROVED IT.
2006-10-09 17:54:11 · update #1
Adult is an offense in the Uniformed Code of Military Justice. However, I have never heard of anyone being charged with it unless it was tacked on to another offense such as rape or conduct unbecoming. But better be safe than sorry, wait until the big D is final.
EDIT: Keep in mind that military (federal) law supersedes state laws. The UCMJ does not recognize "legal separation". So, although your actions may be legal in South Carolina, they are not under UCMJ.
2006-10-09 17:45:08 · answer #1 · answered by Judge Dredd 5 · 2⤊ 0⤋
I think you should wait until the divorce is finalized to move in or start talking about getting pregnant. Your lawyer isn't in charge of the military. So if you soon to be ex husband knows about the boyfriend and wants to cause a stink he can call up your bf command and tell them he is having an affair with a married women! And guess what?! Then your bf is charged with adultery, he may lose rank and pay. The smart thing is to wait. And when dealing with military SC law won't matter...it isn't final, so in the eyes of the military you are still married.
2006-10-13 05:35:25 · answer #2 · answered by fin 3 · 0⤊ 0⤋
He will PROBABLY not get in trouble, however, there is always the chance. Since you and your "ex" have been seperated for 2 years, that would probably mitigate any charges that the command might try to bring against him, but it would still be a pain in the butt if the command found out. Adultery, just like any other violation of the UCMJ, has to be proven, and it is EXTREMELY difficult to prove. Usually, it's he said/she said, and that is no proof. Pictures, or children, however are legal proof.
Best advice, wait until after the divorce is finalized before starting the family. You have waited this long, another couple of months will not make that much of a difference.
2006-10-09 20:25:07 · answer #3 · answered by My world 6 · 0⤊ 0⤋
Yes, your boyfriend could get into all kinds of trouble. Although you may be ok under South Carolina law, although I don't think so, he is in the military and is subject to the Uniform Code of Military Justice. As such he can be charged with Adultery under Art 134, Failure to obey an order or regulation under Art 92, False Official Statements under Art 107 if he lies to his command about it and Sodomy under Art 125 if he admits to any sexual actions besides the missionary position. So take the precautions, the best would be to stop seeing him until the divorce is final, if you can't do that, stop having sex until then, that is the only way to prevent any charges from being filed. I don't know if your soon to be ex is also military, if he is you have to realize that the hospital will notifiy him if you get pregnant and are admitted.
2006-10-09 19:48:54 · answer #4 · answered by Jim T 4 · 2⤊ 0⤋
I would follow through with the divorce first. Prob about 2 weeks ago one of my neighbors got caught having an affair with another Airmans wife and he is now getting court marshalled. His story was a little diffrent though cause he faulsified goverment documents cause he lied on his statement and said he didnt do it but hey anything can happy. Better to play it safe so you BF doesnt get caught and get a stripe or 2 taken.
2006-10-10 07:20:07 · answer #5 · answered by JB 4 · 0⤊ 0⤋
I was in the Navy for 9 years. Adultery is in the UCMJ, if your separated you have no worries. Although, it is in the UCMJ its rarely if ever acted upon..I never heard of anyone getting in trouble from it during my time in service (97-06).. and if they did it wasn't any major punishment..they would more then likely tell you to cool it out until the divorce was final, but since your BF isn't married hes not technically committing adultery so it wouldn't matter...don't worry about it...
Good Luck
2006-10-09 19:31:14 · answer #6 · answered by Bucs_Fan 3 · 0⤊ 1⤋
Well, unless the US military is different to the Aussie military, you wouldn't have any problems. If you actually wanted to get married you would have to wait for the divorce but if you've been seperated from your husband then there's no reason it would affect your current relationship.
2006-10-09 17:41:21 · answer #7 · answered by phoenix 2 · 0⤊ 1⤋
Yes, I believe he would be kicked out. I just recently heard of that happening and the woman didn't even get pregnant. They just found out a married man in the military was messing around and he is getting discharged.
Also, depending on your state, it's a class E Felony.
2006-10-09 17:47:20 · answer #8 · answered by Truth Hurts 6 · 0⤊ 1⤋
What you are doing is morally and religously wrong. You should stop it right now. Why dont you wait until your divorce is final and then get married to you bf. Why take the chance and ruin his carrier? You should consider.
2006-10-09 17:55:55 · answer #9 · answered by Anonymous · 0⤊ 1⤋
If his commander feels that being with you hurts his ability to do his job and orders him to stop seeing you and if he were to continue then he could get into trouble. This is what happened to that girl that flew B-52 bombers. She had a boyfriend was married to somebody in the Air Force and they told her to stop and she did not and she was discharged.
2006-10-09 17:47:50 · answer #10 · answered by Carlos D 4 · 1⤊ 0⤋