During a separation, most couples will live apart. If the couple decides to legally separate or divorce later, they may be able to incorporate their separation agreement into a judgment of legal separation or divorce. Couples that choose legal separation typically do so for religious reasons.
For example, some couples may belong to a religion that prohibits divorce. Others may want to keep health insurance in effect for their spouse, which would normally terminate after a divorce. You can only remarry if you obtain a divorce. However, the process for legal separation is almost identical to a divorce; you must obtain a court judgment regarding all of the issued you would have to decide in a divorce: alimony, child support and custody and property division.
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One key difference between civilian separations and military separations is that in most states, civilian spouses who are separated or legally separated can date someone other than their spouse without violating any laws. But, if a military spouse dates someone other than their spouse before being legally divorced, they risk being charged with the crime of adultery.
As stated above, the only way to end your marriage is through divorce.
Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes. In contrast, the laws of the state in which the divorce proceeding is filed usually the state where one of the spouses has resided for the requisite period of time will govern how the divorce proceeds and how most of the divorce-related issues are decided, including child custody and visitation, child support, alimony and the division of certain property and debts.
Definition and Consequences of Adultery in the Military
Although many of the laws applied in a military divorce will be the same as those in a civilian divorce, there are still some major differences, so you should hire a civilian lawyer to represent you in your divorce. Every state has its own unique set of divorce laws that govern divorce actions filed therein, so consulting with a JAG attorney will be of little use to a military member going through a divorce.
Therefore, it is essential to hire a civilian divorce attorney who is an expert in local family law matters.
There are a few extra complications military personnel or those married to military personnel have to consider when getting divorced. Check out our section devoted to Military Divorce for lots of helpful information. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
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Alimony Divorce and Property. Adultery is still a serious offense , one which has destroyed military careers and caused decent service members to be separated from the service.
A conviction of adultery is grounds for discharge from the military. Years or even decades of benefits will disappear overnight. Your healthcare will be taken from you and from your family. You may face a prison sentence that could last a year. That is a full year of your life without income, without family and without friends. Charged With a Crime Under. UCMJ Article ? Contact Us. Do not let the charges fool you. An adultery conviction could end your military career forever, or worse. Do not take the risk.
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That the accused wrongfully had sexual intercourse with a certain person; That, at the time, the accused or the other person was married to someone else; and 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. Military, prosecutors must prove that the accused service member knowingly committed adultery, and that the adultery was prejudicial to good order and discipline or had a negative impact on the standing of the unit or the military as a whole.
Only one party the accused need be in the military.
Accusations of adultery are not uncommon in the military, but they are not easy victories for prosecutors. Not only must prosecutors prove that you committed the adultery , they have the additional burden of proving the adultery was prejudicial to good order and discipline or discredited the military in some fashion. One only need look at the case of General Petraeus for evidence of these difficulties. Despite overwhelming evidence that the adultery occurred and harm was done to the overall standing of the military due to the high profile nature of the case , General Petraeus avoided an adultery charge completely.
Military Life Topics
Unfortunately, not every service member is so lucky. General Petraeus may have been protected by his status as a retired 4-star general. For others accused of the same crime, it takes an experienced and tenacious attorney to ensure the worst case scenario does not come to pass. Which is why so many current and former U. Experienced in-house team: Even the best military defense attorneys require the support of an experienced team if they hope to provide positive results consistently for their clients.
Even if you are currently stationed outside of the Pacific, we can be at your side within hours if the situation calls for it.