My cousin's husband has cheated on her. They're both military (Air Force)and have a kid together . My question is that is there some kind of law in the military that can punish the husband if she shows evidence of the cheating and how can she arrange well for a divorce. They 're stationed together in same base, guess is some kind of program they have.
2007-11-04 02:34:42 · 13 answers · asked by JT 2 in Politics & Government ➔ Military
Apparently he wants to live with the other girl he's been cheating....
2007-11-04 02:36:50 · update #1
No, the Air force generally stays out of this, its for the courts. These are tactics for the trailer trash set. You mention kids, is this a good model for them? Teach them how to be future Jerry Springer participants? In other words, stay the hell out of it.
2007-11-04 02:39:07 · answer #1 · answered by Anonymous · 3⤊ 5⤋
If evidence shows that he has been having a sexual affair with someone other than his wife, (anyone...not just the person's chain of command) that falls under adultery. Evidence can range from eye witness to photos and to self-admitting to the First Sergeant.
The First Sergeant can (and will) apply a no-contact order to the husband preventing him from seeing the other woman for a specific period of time. If it's determined that adultery has been committed, (from the several I have seen) the results are together normally an Article 15, loss of stripe, loss of pay, and restricted duty for 30 days...ineligible for promotion for up to 2 years, and would make him very high on the force shaping list if there is one next year.
The military does not assist with the divorce proceedings. That's done through civilian courts. But if you draw up the divorce papers, you can possibly get the legal office on base to review it for you...and that's probably all.
As for the divorce and resulting child support, that also comes from the civilian court system.
2007-11-04 04:38:40 · answer #2 · answered by stonehands 3 · 1⤊ 0⤋
Adultry is a crime under the UCMJ, period. It is up to the member's commander to decide how that person will be punished. I've seen a somebody get a Letter of Counseling, which is a slap on the wrist and normally removed after 90 days. I've also seen somebody get an Article 15 and lose a stripe. If your cousin is in the Air Force, she already knows this.
2007-11-04 13:50:24 · answer #3 · answered by Anonymous · 1⤊ 0⤋
The military does have a general article that he can be charged under, but it is highly unlikely they would pursue it.
She is better off not pursuing the matter. If she does and he does get charged with it, he would more than likely lose money and rank and that can affect (lower) the amount of child support you would be granted, since that is determined by rank and base pay.
As far a divorce. That is a civil matter and the military cannot get involved. The military can provide counseling and legal advice but cannot represent you in court. Good luck.
2007-11-04 03:05:22 · answer #4 · answered by Tincan Navy 4 · 6⤊ 0⤋
Yes, one of th e people who have responded already is right they get an article 15, if its called that in the airforce, they get their pay reduced for a month, extra duty, and may loose rank, so if this person is requesting child support that puts a damper on that, and yes the person must have very good evidence in this case to prove the infadelity and the spouce simply contacts the husbands chain of command, 1SGT or Commander.
2007-11-04 03:43:04 · answer #5 · answered by Anonymous · 2⤊ 0⤋
If he gets punished and dishonorably discharged he wont have enough money to pay child support. Adultery is punishable under Military law. She can see a base lawyer to get additional advice. But she will have to get a private lawyer to file for divorce.
2007-11-04 05:50:52 · answer #6 · answered by Ow my foot hurts 3 · 0⤊ 0⤋
Adultery is only punishable by UCMJ if he slept with someone in his chain of command, or if one party was an Officer and the other Enlisted.
Evidence would include photographs of the actual act, NOT emails. Divorce is STRICTLY a civilian matter and depends on the local laws. the military will not represent either of them.
2007-11-04 04:43:41 · answer #7 · answered by Mrsjvb 7 · 1⤊ 2⤋
Uhhh...I don't know about any of the other branches...but in the MARINES...if you get caught cheating on your wife you lose rank....at least thats what I've been told. It does not get you discharged...you just get a slap on the wrist for it because in the military they expect you not to be a piece of ****....because when you're a piece of **** you make the military look like a piece of ****...maybe that's just the marines though. I'm pretty sure that goes for all branches....especially if there is proof that he is cheating. Usually, depending upon how long they were married, she would get half of his pay for a few months...plus child support if you get it done quickly...so he is going to be hurting pretty bad financially. I know that the Navy and Marines do this program...I'm not sure about any other branch. His pension is also something she may get also, but I'm not sure since she is also a service member. She needs to talk to her NCO about this...they will know all about it...and she needs to go talk to a lawyer. They will be the only ones that will know anything about it. She NEEDS to show proof that he has cheated...if she doesn't have I'm sure he will admit it since he is living with his girlfriend now.
And I'm sure that her kids are going to be fine...It doesn't sound like you are out to get him...just out to get things done. ANd its none of OUR business how THEY handle THEIR divorce now is it?
She needs to go talk to a lawyer...preferable one on base...because they will know all the ins and outs of military divorce and I'm pretty sure its free legal council because she is active duty. Tincan Navy is also right on this subject.
Oh yeah...I don't mean to be rude but don't mind "Navy Sailor GAI".....she does not know what she is talking about....
Good luck and I hope everything works out for your cousin!
2007-11-04 03:35:04 · answer #8 · answered by Anonymous · 3⤊ 1⤋
OK Janet, first of all, this is none of your business and you really should keep your nose out of it. You being up in the face of the situation will just make the whole process worse for those children because even though the situation sucks, you helping her hate him will just make the lives of those kids suck. They do need to split and go on with their lives, but they are parents to those kids first and foremost so they need to keep their communications channels civil for the longterm health and happiness of the children.
Next, the military does not really care or need to know what is happening behind closed doors between two service members. Look at it this way, if these two worked at IBM would you ever dream of going to IBM headquarters and narking off the guy for cheating on his wife? NO you never would. Keep that same prospective here. He did and is doing wrong, but this is a personal issue not an AF issue. The AF is busy with protecting our country and should not ne asked to babysit a cheater and his family. Remember the wellfare of the children again. What if he gets kicked out, who is going to pay to raise those children. Your cousin because he won't have his AF job anymore and a bad conduct discharge will keep him from getting any real job with good pay and benefits to help raise and pay for those kids.
We know you are all pissed at him for what he has done, but family court is the only place for any of this. Get legally separated, get court ordered child support, then get a divorce. Easy and painful as that. Think of the kids first. They just know he is daddy and they don't care about anything except their family is now gone and they are screwed. Do what you can to keep mommy and daddy talking and raising them as normally as possible given the circumstances. Life can suck, but the kids and kids, let them be kids not pawns in your I hate him and want him to pay game. Time for everyone to really grow up and think of the kids first and in doing so will need to stop the crap you are talking about here.
2007-11-04 02:50:44 · answer #9 · answered by Anonymous · 4⤊ 3⤋
They likely got a Join Spouse assignment. Whenever possible, the Air Force tries to keep spouses together.
Adultery is punishable under the Uniform Code of Military Justice (UCMJ). However, it's very difficult to prove because it's normally a "he said, she said" kind of thing. If she wants to pursue this, she should contact the Judge Advocate General's office at her base.
2007-11-04 02:43:51 · answer #10 · answered by World Traveling Woman 2 · 6⤊ 3⤋
she might be able to request a change of duty station considering the circumstances, through the base chaplain. than she could take care of legal matters away from the situation and start a new life....
2007-11-04 02:48:37 · answer #11 · answered by aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa 3 · 4⤊ 1⤋