if a married man in the military going through a divorce legally seperated hooks up with a female who is in the same situation would that be considered adultery punishable by the ucmj. either way the answer and reference it would be great
2007-12-20 12:55:38 · 9 answers · asked by uniquename10 1 in Family & Relationships ➔ Marriage & Divorce
The military sees single, married, or divorced. There is no grey area. If the ex of either files adultery, UCMJ could apply due to you not being legally divorced. The best answer is to consult legal assistance or JAG.
2007-12-20 13:02:36 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Ex- soldier: 22yrs retired; and having been in
charge of 125 soldiers, all types of marriage
problems existed. UCMJ will not step in unless
a higher rank adultered with a lower rank or vice
versa, as adultery generally goes on in the military
and nothing too much is done about it unless the
primary family is not being taken care of by the
adulterer. Seperation in place and the party
commits adultery is not grounds for UCMJ to
step in and take punitive action unless as stated
above that the primary family is not taken care
of especially if children are involved.
2007-12-20 13:44:26 · answer #2 · answered by RudiA 6 · 1⤊ 0⤋
Alright,first a prosecutor would have to have evidence that you two were having a sexual relationship.That doesn't mean living together or someone saw you at the mall holding hands,it means having sex,so unless someone saw you having sex or you admitted to someone you were having sex , adultery is a hard case to prove in court.Now, if you think you're gonna get charged under the ucmj, go get a civilian lawyer right away,the military doesn't like to lose court battles so your jag attorney might not be looking out for your best interest or he just might not know what they're doing cause they just got out of law school.
2007-12-23 10:26:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yeah. My dad used to get really uptight about the whole adultery thing. Better wait till the divorce is finalized before the jumping into the fornication stuff.
2007-12-20 12:59:19 · answer #4 · answered by Anonymous · 4⤊ 0⤋
I dont ever recall adultery being punishable by the ucmj. Is it punishable in regular court of law? No right? Then it wouldnt be in the military.
2007-12-20 18:46:50 · answer #5 · answered by pumper 4 · 0⤊ 3⤋
Yes, until you are legally divorced its considered sodomy. Chances are you will not get caught, but if your or her ex decides to mess with you, all they have to do is call your or her or both company commanders and min. you both will get are art. 15's. Advice- be discrete. Do not go to the NCO club together, go off base is you want a night out together, and don't tell anyone, you know how it is on base, everybody talks!
2007-12-20 13:03:37 · answer #6 · answered by Matthew W 3 · 0⤊ 1⤋
My hubby who was military for many years, says "Yes" it is punishable.
Guess you need to wait for the divorce to go through!
2007-12-20 12:59:59 · answer #7 · answered by kitty 6 · 0⤊ 0⤋
yes it is. more than likely no one would care, as the infedelity runs rampid in the military, but technically if caught, then yes it is punishable by ucmj
2007-12-20 13:05:46 · answer #8 · answered by ★SuGar and SpiCe★ 5 · 0⤊ 0⤋
Only if it can be proved. Even then, being separation status, it'd be hard to get a court martial conviction.
2007-12-20 12:59:23 · answer #9 · answered by Anonymous · 0⤊ 1⤋
could also be construed as conduct unbecoming of soldier, nco, officer etc
2007-12-20 13:07:04 · answer #10 · answered by Anonymous · 0⤊ 0⤋