Legal Question in Military Law in South Carolina
Legal separation in the military
My girlfriend just got a legal separation from her husband, one is going to TX and the other is going to MN, Can we still date and it be perefcaly legal? They did all of this in SC.
1 Answer from Attorneys
Re: Legal separation in the military
Military criminal jurisdiction (over active duty service members) is the only jurisdiction I believe to still outlaw the "crime" of adultery. Legal separation means nothing. If you are active duty and you have sexual intercourse with "a woman not your wife" as the statute reads, (which includes the situation where she's married to someone else and you're single), you have committed the "crime" of adultery. Whether you would ever be charged with that is a much more complex matter. But to answer your question more directly, no, it is not legal.
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