My husband and I are currently going through a divorce, and he is military (national gaurd). He has told me that the military does not recognize a legal separation and that we are still married until the divorce is final. He has also said that if either him, myself, or both of us were to get involved with anyone else before the divorce is final, that we could be thrown in jail by the military. Is there any truth to this what so ever, or should I just add it to the list of lies that he's always fed me? Thanks!
2007-11-22 11:25:37 · 5 answers · asked by Anonymous in Politics & Government ➔ Military
What he said is partially true. There really is no legal seperation for military members. Meaning, he still has to provide for you, and if you have any kids. It sounds as if you are not military, but without you saying I don't know for sure. If you are not military, how can they put you in jail, they have NO jurisdiction over you. He's the one that would get in trouble for infadelity. It seriously sounds as if he is stretching the you-know-what out of the reg's!!
2007-11-22 11:31:13 · answer #1 · answered by Mac 4 · 3⤊ 0⤋
Military Legal Separation
2016-10-21 09:16:41 · answer #2 · answered by ? 4 · 0⤊ 0⤋
1
2016-12-23 02:26:23 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He's almost right. The military doesn't recognize a "legal separation" just like they don't recognize a fiance. They don't deal in the almost...we're almost married or we're almost divorced. That doesn't mean that you can't have a separation granted by a civilian court. In fact, in some states it is required to go through a separation period prior to a divorce being finalized. It does mean that the Navy won't cut your benefits until the divorce.
In other words, a fiance won't get medical benefits or commissary privileges while a separated wife will have all those things protected until the divorce is final. I know of a few guys who have gotten busted when they tried to cut even the optional insurances (dental and life) that the Navy allows the sailor to carry on their families during the separation. Once things were finalized they could spend their money however they wanted but until then they had to maintain the coverages they'd agreed to when the marriage was going well. And I know of wives who get to stay in military housing while the divorce proceedings work themselves out. Usually that rule is a major benefit to the spouse and minor children during divorce proceedings.
Now infidelity...The military can punish him for it. He's the one who signed papers agreeing to abide by the UMCJ and infidelity is covered in there. However the case is hard to make and hardly ever invoked. The *military* can't do much to you over it. However that's not a green light to sleep around because the civilian court that handles the divorce could take it into account when deciding things like custody and alimony.
2007-11-23 09:03:11 · answer #4 · answered by Critter 6 · 1⤊ 0⤋
Wow what a load of BS.
The military of course recognizes civilian law. Since the military cannot marry you obviously they cannot divorce you .
As a civilian the military cannot throw you in jail nor can they even charge you for any crime unless it is committed on federal property. And then they would have to have a federal Marshall arrest you because they cannot.
Now As for an active duty member who commits adultery, they can be tried under the UCMJ (Uniform Code of Military Justice) because that is against military regulation.
In the mean time he is still paid as being married. Because by civilian law even though you are separated you are legally married.
A legal separation is as legal in the military as it is out of the military
Below you will find a link to another discussion on this and a link to the Army legal offices.
SFC, US Army , Retired
2007-11-22 11:47:53 · answer #5 · answered by SFC_Ollie 7 · 0⤊ 0⤋
I am a spouse of a military man! Currently stationed over in KOREA! Its been hell the last 4 yrs of marraige! On and off! I can deal with the deployments the temp duty stations or even permanet but this man never wanted us where he is who went behind my back while pregnant stayed another yr with out doing CSP! He had another agenda which was to use me and our daughters for cali bah when we have a home in alabama! He dont help with rent wont give a LES for wic! He was also told not to touch our joint and he did even tho was a 5.00 charge the thing is he used it being des[iteful on hotels! Gambling! I am getting no where with him command im so frustrated! He changed the car insurrance plus hasnt paid the regestration! I had a car i sold before moving where he wanted us to go until he got squared away over there and to do the CSP! He stole that money soon as I put it in! I just discovered he has many profiles online! He has been on them while being over there! He told a friend of mine he has a korean girlfriend and he been seperated for 2 years? I wonder if they take that into consideration as he admitting he is cheating? ITS NOT ALWAYS THE SPOUSE WHO GET SH!* ON!!!! Just because they are a soldier dont mean they cant be guilty as well!
2016-03-16 09:14:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
you can not be thrown in jail..hunny..they have NO say over what you and i do. our husbands are in the military...not us. we just have to go along for the ride.
the legal separation thing though..yeah..thats true. you aren't "separated" in the militarys eyes until that divorce is final. its actually a good thing for you because he still has to provide for you. so get everything expensive done that you need before its final. lol and if he gets a new girly friend or something..then yes...HE can go to jail. Its infidelity! the military is very strict about that.
2007-11-22 14:34:44 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Your husband isn't active duty so I'm not sure if the same applies as active duty. I know that active duty can't do legal separation and that if they get involved with someone else they can get in trouble. If you aren't military then what are they going to do to you???
2007-11-22 11:44:30 · answer #8 · answered by Anonymous · 2⤊ 0⤋
You can add it to the lies that he's fed you. Its true that the military does not recognize separation; you are married or you are not. However, comma, pause, you can't be thrown in jail for adultery....the UCMJ doesn't apply to dependent spouses...only military personnel and in 17 years, I have yet to see anyone go to jail for adultery.
2007-11-22 11:38:13 · answer #9 · answered by Anonymous · 1⤊ 0⤋
he does stretch the truth a little as if the military would say that you can not get legal separation when i was in we were told that if your wife was not in our sea bag then we did not need one so drop him like a bad habit and get on with your life
2007-11-22 11:36:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋