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2007-08-22 10:47:31
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answer #1
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answered by Anonymous
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Adultery is a violation of the UCMJ; a Navy Chief would not be protected from that because he is a chief. The question on retired pay depends on how long married but it is possible to get it if less then 10 years (the federal requirement to make it an entitlement) depending on the state.
2007-08-22 17:41:58
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answer #2
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answered by GunnyC 6
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Adultery is against the UCMJ. But, it only concerns the actual act of sexual intercourse. All the "other activities" are not covered. In these times, with most households are two income household, both spouse's retirements are generally added together and then split. Now, if she has not worked the whole time, then usually some of the retirement will be awarded to the wife(or the husband if the roles were reversed). Most states these days have no fault divorces, so the infidelity really won't have anything to do with the divorce.
2007-08-14 20:42:23
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answer #3
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answered by Anonymous
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From actual knowledge, a Navy Chief CAN get in trouble for adultry.....
I don't know the rest of your answers.... I am not going to tell you stuff just to sound "smart"...
One should only tell you things if they can actually prove it.. But, adultry is against the "law" in the military.
2007-08-22 15:53:47
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answer #4
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answered by Kathryn P 6
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You bet your sweet bippy he would. As a former Navy wife - I remember when the ship would go to sea and the wives who cheated would run off to the Chief's club in Norfolk for fun while her man was on six month sea duty. It wasn't right then and it isn't right now. The UCMJ doesn't like it either.
Stear clear of married military wives who cheat. There's a special place for them in Hades.
2007-08-14 21:46:58
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answer #5
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answered by fsnail 3
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Yep, you bet your sweet bippy he or she can! If it because an issue to the military and the service member's performance of duty suffers because of it then he or she can be charged with conduct unbecoming and failure to repair!
The wife or husband of the Chief creates a big enough stink for the higher ups, the Chief will get burnt just as an y officer would!
2007-08-14 19:56:00
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answer #6
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answered by oscarsix5 5
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Adultry is a violation of the UCMJ under article 134, regardless of pay grade:
1) That the accused wrongfully had sexual intercourse with a certain person;
(2) That, at the time, the accused or the other person was married to someone else; and
(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.
Explanation:
(1).Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member.
Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be service discrediting by this standard, under the circumstances, it may be determined to be conduct prejudicial to good order and discipline. Commanders should consider all relevant circumstances, including but not limited to the following factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces:
(a) The accused's marital status, military rank, grade, or position;
(b) The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces;
(c) The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces;
(d) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in support of the armed forces;
(e) The misuse, if any, of government time and resources to facilitate the commission of the conduct;
(f) Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; and whether the adulterous act was accompanied by other violations of the UCMJ;
(g) The negative impact of the conduct on the units or organizations of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency;
(h) Whether the accused or co-actor was legally separated; and
(i) Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time.
(3) Marriage. A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction.
(4) Mistake of fact. A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused's belief was unreasonable or not honest.".
(2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting.
It is up to the judge involved in the divorce what, if anything, the wife will received. I fully believe if the wife is the adulterer, she gets SQUAT from the husband. Let the jerk she was screwing take care of her.
(USN, retired)
2007-08-14 21:32:09
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answer #7
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answered by AmericanPatriot 6
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Y E S, Adultery is punishable under the Uniform
Code of Military Justice!!
2007-08-14 19:59:32
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answer #8
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answered by Vagabond5879 7
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Adultry is considered a crime under civil law, nobody is above the law either in the military or out.
2007-08-22 09:53:20
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answer #9
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answered by conranger1 7
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I'm sure the law of the land concerning the family courts. (Divorce) prevails in all the military. No reason for the Military to start acting like they belong to a foreign country with different sets of laws...Mary
2007-08-22 16:11:31
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answer #10
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answered by mary57whalen 5
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Adultery, while against the UCMJ is never prosecuted unless it is in conjunction with other UCMJ violations.
percentages of retirement pay is up to the state's laws and how good a lawyer each side has. Same with alimony.
2007-08-14 22:37:05
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answer #11
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answered by Mrsjvb 7
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