Legal Question in Military Law in Alaska
married but seeing officer
I am married to an enlisted airforce man.i have not seen him in 2 years.we plan on getting a divorce very soon, but are not legally seperated.i have been seeing this officer in the army for about a year.my husband does not care and will not do anything about it cause we will be getting a divorce soon.i would just like to know what the military can do to my boyfriend,legally,because his commander knows now that im married.if my husband doesnt push it and is ok with it,will anything happen to him?my uncle went through this already with his exwife,she tried to get him kicked out of the army,and he had already gotten my aunt pregnant.does the military have to show real evidence or actually have a confession from one of us that we are sleeping together for anything to happen to him.ive heard that he could get in trouble for misconduct of an officer,but would they still have to have real evidence for that also. i just dont want him to get into troulbe,but i know his commander will push it because he doesnt like him.
2 Answers from Attorneys
Re: married but seeing officer
It is difficult to answer the question fully without speaking with your husband. However, while you are correct that the military would need evidence of sexual intercourse to prosecute your boyfriend for adultery, you indicated at the beginning of your question that your boyfriend's commander knows you are married. This would leave the impression that his commander believes you are dating which will no doubt allow him to figure out (in today's day and age) that you're more than likely sleeping together.
While a prosecutor looking at the case would want more evidence, it would not preclude your boyfriend's commander from putting your boyfriend in a precarious position. His commander could offer your boyfriend an Article 15 for adultery, although this would be unlikely because if your boyfriend turned it down and demanded a court-martial (although that is always risky) the prosecutor would then need evidence of guilt. His commander could order a CDI (Command Directed Investigation) into the allegations or suspicion of adultery.
Lastly, and the more likely course of action, is that his commander could issue a no contact order to your boyfriend ordering him not to contact you until your divorce is final. If he is found to have violated that order, he could then be prosecuted under Article 92 of the UCMJ.
If you or your boyfriend want to discuss this further, feel free to contact me at 512-259-7324, 646-209-8213, [email protected], or visit my website at www.courtmartialbrand.com for more information about me.
Sincerely Yours,
Steve Brand
Re: married but seeing officer
Concur with Mr. Brand.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
