Legal Question in Military Law in Texas

Married Civilian dating man in Air Force

I'm dating an Airman in the USAF. I am legally married in the state of Texas on paper only. I've been separated over 1 year and have filed for divorce. I am still friends with soon to be X-husband and my X also doesn't contest to this relationship. Under what article & section does the military reference this issue and how could this effect the guy I'm dating in the service. We love each other and have plans to marry upon finalization of my divorce.

Thanks,


Asked on 6/08/04, 7:28 pm

2 Answers from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Married Civilian dating man in Air Force

It's Art 134, Adultery. It is rarely pursued unless there is some connection to the military. So long as your husband is not military, it will probably not affect your USAF boyfriend at all. But it would be wise to remain discrete until your divorce is final.

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Answered on 6/08/04, 11:30 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Married Civilian dating man in Air Force

Under Article 134 a soldier, sailor or airman may be punished for adultery. Article 134, known as the general article, potentially makes punishable all of those acts not specifically proscribed in the other punitive articles of the UCMJ. Article 134 criminalizes "all disorders and neglects to the prejudice of good order and discipline in the armed forces" and "all conduct of a nature to bring discredit upon the armed forces." However, not every irregular, mischievous or improper act is a court-martial offense. The conduct must either be directly and palpably prejudicial to good order and discipline or have the tendency to bring the military into disrepute or tend to lower it in public esteem. One of the common offenses alleged under Article 134 is adultery.

Usually the military does not prosecute adultery, even when there is a complaining spouse within the unit. The prosecution itself can be a hazard to good order and discipline. But transfers, restrictions to quarters, and the like can and do result. Failure to obey a lawful order can also result in a courtmartial or nonjudicial punishment.

For these reasons it is probably a good idea to finalize your divorce before proceeding with the relationship. Anything worth having is worth waiting for.

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Answered on 6/09/04, 9:55 am


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