What is considered adultery in the armed forces?
Adultery, as a military offense, is difficult to prosecute (legally) for several reasons. There are three “Elements of Proof” for the offense of Adultery in the Military: (1) That the accused wrongfully had sexual intercourse with a certain person; (2) That, at the time, the accused or the other person was married to someone else; and (3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces. Element #2 is usually pretty easy for the government to prove. There is normally sufficient written evidence to prove whether or not someone is legally married. (Many folks will be surprised to learn that in the military, a single person can be charged with the crime of adultery). Element #1 can be very hard to prove. Remember, a court martial (like civilian court) requires *proof* beyond a reasonable doubt. Proof of sexual intercourse normally requires photographs,
As a Pastor I want to counsel you from God’s perspective. Your husband in initiating divorce is basically saying, “I want to hurt you and my children.” This is more than legal issue, despite how easy our society makes it. I have experienced divorce and can testify to the after effects. Even though we both agreed (in anger) that divorce is needed. It has taken 8 years to become somewhat civil and peaceful again for our daughters sake. God hates divorce. In Malachi 2: 13–16 God gives His perspective on divorce. To God divorce and violence are linked. The spectacle of the terrible violence is clear to all involved. Because divorce is violence against the family, it is hateful to God. Now it is never called a sin in the bible, but as is the case with anger, lust, drug and alcohol use it LEADS to sinful behavior which will ultimately lead to death. I was so anger and resentful toward my former wife, I allowed myself to do things just to be vengeful and to get the upper hand. She was even be
I think reporting him for adultery would be petty and unnecessary. You have enough to deal with without doing that as well. You will not benefit from it in anyway, so I would let it go. Don’t worry about child support, if he is military, they will make him pay…even if they have to garnish his wages. I have seen it done before. All I can say is get a good lawyer and do not give in to anything. I’ve seen many custody arrangements where the kids cannot be taken out of state without permission…so don’t give in on that point.
If you have proof of all this, then he has committed adultery and lack of child support which is covered in our Army Regulation (AR) 608-99 establishes interim support requirements that a soldier must meet. Go to his chain of command being his commander and 1SG. Bring your proof and be honest. Leave out the drama and you MUST concrete proof. No heresay or rumors. Once you start, don’t backdown and do like alot of wives who want to keep the benefits and look the other way. I’ve seen alot of pain in the last 20 years with married people. Also get yourself a good lawyer and see post legal to start your filing and see your options especially for child support. It’s the law in what he must pay you unless you have a court order or an agreement saying otherwise. Here’s some sources for help on our main JAG page: https://www.jagcnet.army.mil/852573F6007…
I know you are hurting but this particular avenue of revenge (and that’s what it is) will not work (most likely). Very rarely will a command pursue adultery charges against a service member (even if there is proof of it). Even if they did it would be an administrative punishment issue only and would only serve to make the situation worse. Take the high road (I know that is a hard one to swallow right now) and you will come out of it much better in the long run. One avenue you might have is whether or not the state you are in recognizes/has laws on the books concerning “alienation of affection.” If they do then you can file suit against the other lady for loss (or alienation) of affection. Much more likely to get some satisfaction this way and may get a little cash too. Might help to offset the credit card debt. Most likely though if you do win, she would then file bankruptcy and you won’t see anything; however, the bankruptcy would have a big negative impact on them and their future. G
