Legal Question in Family Law in Washington

Adultry and USMC

My husband is a Marine and having an affair with a female marine. He is still seeing her and plans to once we are no longer together. How can I legally keep her away from my son as I worry about his safety around her?


Asked on 7/07/06, 3:37 pm

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Adultry and USMC

Adultery is an offense under the UCMJ, but whether the command will prosecute depends upon the acts being "prejudicial to good order and discipline," or "of a nature to bring discredit upon the armed forces." In addition to these elements, adultery is hard to prove. The prosecution must prove sexual intercourse, which means they must have evidence of sexual intercourse. The mere fact that two people are living together is not sufficient to prove sexual intercourse. Remember also that if he is found guilty of adultery that he could be discharged with an adverse discharge which would end his current income and affect his future earning capacity. Exercise caution. As to keeping somebody away from your child when with your husband, you would have to present evidence that supports your assertion that the person is dangerous, something more than that you are worried about your son's safety around her.

I would look forward to discussing this matter in more detail.

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Answered on 7/07/06, 10:14 pm


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