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Adultery .....

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GettingDivorced

Registered User
What is the name of your state? Indiana

I am almost divorced. A couple of weeks from it being finalized... and well, my husband had an affair. He is IN National Guard, had the affair while on active duty, with a fellow soldier.

*He had unprotected sex with her, has it with me when I am pregnant, endangering my life, and the life of my unborn child*

How do I go about getting him Courts Martialed?

He has already confessed to his commander. I have the females name. I have a stack of emails he sent me confessing to the affair. I think now I want him punished. And I want to make sure I am going about this the right way and am not waiting too long.

Any info you can give me will be greatly appreciated.
 


I AM ALWAYS LIABLE

Senior Member
GettingDivorced said:
What is the name of your state? Indiana

I am almost divorced. A couple of weeks from it being finalized... and well, my husband had an affair. He is IN National Guard, had the affair while on active duty, with a fellow soldier.

*He had unprotected sex with her, has it with me when I am pregnant, endangering my life, and the life of my unborn child*

How do I go about getting him Courts Martialed?

He has already confessed to his commander. I have the females name. I have a stack of emails he sent me confessing to the affair. I think now I want him punished. And I want to make sure I am going about this the right way and am not waiting too long.

Any info you can give me will be greatly appreciated.


My response:

This is a legal site. We don't do "retribution".

Get a job, and take your mind off this.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
GettingDivorced said:
Rarw! Dang, you'd think I was after you. :mad:


My response:

Well, dang, Hillbilly woman!

If you ruin him, did you think past your nose where your child support was supposed to come from?

What a dufus.



IAAL
 
if you are getting divorced then why do you want to take it to him.. what did you do , get knocked up by someone else while he was on active duty...
 

badapple40

Senior Member
I'm always amazed at stuff like this.

Talk about cutting off your nose to spite your face.

If you really want to know what you need to do to hang him by his short-hairs, let me know, and I'll give you a step-by-step on getting him court-martialed, with a felony conviction, unable to work, cutting off any support/alimony that you or your kids are able to receive. Then you can live in/move to a trailer, live off of public assistance, while myself and my fellow taxpayers pay the bills for you and your spawn.

I am dead serious. I am completely willing to help you on this to help teach you a biblical lesson in forgiveness and that being spiteful and vengeful sometimes works to your disadvantage. Ask, and ye shall receive.
 

rmet4nzkx

Senior Member
badapple40 said:
I'm always amazed at stuff like this.

Talk about cutting off your nose to spite your face.

If you really want to know what you need to do to hang him by his short-hairs, let me know, and I'll give you a step-by-step on getting him court-martialed, with a felony conviction, unable to work, cutting off any support/alimony that you or your kids are able to receive. Then you can live in/move to a trailer, live off of public assistance, while myself and my fellow taxpayers pay the bills for you and your spawn.

I am dead serious. I am completely willing to help you on this to help teach you a biblical lesson in forgiveness and that being spiteful and vengeful sometimes works to your disadvantage. Ask, and ye shall receive.
The die may already be cast: "had the affair while on active duty, with a fellow soldier.....He has already confessed to his commander"
She may now wish he hadn't.
 

fozzy2

Member
Make your own report.

Anyone can initiate charges under the UCMJ. Make a report to his commanding officer (in writing is best) stating that you believe he is guilty of adultery and give any evidence you have. You can bet there will be an investigation. However, he may not face sanctions because typically the military law/policy requires not only that adultery be committed, but that it is "prejudicial to good order and discipline" of the military. If his adultery was with another service member (or service member's wife) there is a good chance he will be punished. If it was 'just' some civilian, however, he may not be.

You may wish to pause and reconsider your actions, however. As others have pointed out, you could be messing things up for the future. If he is the father of your child getting him in trouble will not change that, and not pissing him off will make you and the child's future much more bright. And also reflect carefully that he may decide turnabout is fair play and if you've ever done *anything* that might get you in trouble with someone it may get public real quick.

Adultery is a very controversial issue in the military right now. Some people think the law should be thrown out. Others want more strict enforcement and less loopholes. Regardless, as responses have shown, whatever the strictly *legal* parameters, people will have various strong responses. From "You go girl!" to "You *%#$@ slut!"

If your charge of adultery is going to play a part in divorce proceedings (and subsequent custody and support, etc.) then I'd suggest consulting with a family law lawyer. You do raise an interesting tangent, however. I'm not certain where the law might stand on asking your husband to submit to testing for any diseases that might affect the child. If you are still a dependent.....hmmm.... that is a difficult question.
 

pb1963

Member
Adultery is no longer a punishable offense under UCMJ

Adultery is no longer, and has not been even a punishable offense under the UCMJ for about 4 or 5 years now.

ONLY if the co-unit member is a) in his COC and b) if any one of his superiors gave him an order to end the relationship.

I am about 2 days away from my divorce being final and I went through a lot of similar emotions and actions and I very well could have had him booted but only because I know the right people to make the comments matter (i.e. my Godfather is a General who knows his commander who is a Col. and one word from Mr. General and my husband would have been outta there in a NY minute)

In my tooooo recent experience, there are other ways to cook his goose believe me.

And I am with badapple40.....I can help you a great deal if you need it.

HOWEVER, clear your head and get your priorities straight....you need the money he will be forced to give you.....the retirement......the medical insurance.......getting him booted and while it is not impossible mind you I do believe that would only be a temporary soothing of your ego..

Also, think about this....if his Commander has been told....and he is still in the relationship........NO way will he get in any trouble....if anything the commander would.

Think smart!
 

badapple40

Senior Member
pb1963 said:
Adultery is no longer, and has not been even a punishable offense under the UCMJ for about 4 or 5 years now.

That is NOT correct advice. Adultery is a punishable offense under the UCMJ.
 

cj33070

Junior Member
I am going through a somewhat similar situation. I was pregnant with an E4's baby and he had sex with someone else, then came to me while I was pregnant, possibly infecting myself and our child. I am angry as well, and wanted to know what actions to take to possibly get him into trouble for what he did. However, it would be out of spite, not out of concern for our child's safety that I would be doing this. Now, I am simply looking into what benefits our child is entitled to, and whatever child support I can get from him.

My question is now, out of what pay will the child support be taken from? I have heard that it is not taken out of things such as BAH, but that if I take it to court, they will reconsider it. Do you know anything about this?

For me personally, this situation really hurts, but the bottom line is: eventually our daughter is going to want to know why mommy sent daddy to jail, and that's not going to make the relationship with me and my child any stonger. And, whether I would prefer to have no contact with him for the rest of my life, I'm positive that that's not going to be how my daughter feels. If I get in the way of that just to take vengence on him, how will that look to her? Not good. And that's not the kind of person I hope she grows up to be either.
 
cj33070 said:
I am going through a somewhat similar situation. I was pregnant with an E4's baby and he had sex with someone else, then came to me while I was pregnant, possibly infecting myself and our child. I am angry as well, and wanted to know what actions to take to possibly get him into trouble for what he did. However, it would be out of spite, not out of concern for our child's safety that I would be doing this. Now, I am simply looking into what benefits our child is entitled to, and whatever child support I can get from him.

My question is now, out of what pay will the child support be taken from? I have heard that it is not taken out of things such as BAH, but that if I take it to court, they will reconsider it. Do you know anything about this?

For me personally, this situation really hurts, but the bottom line is: eventually our daughter is going to want to know why mommy sent daddy to jail, and that's not going to make the relationship with me and my child any stonger. And, whether I would prefer to have no contact with him for the rest of my life, I'm positive that that's not going to be how my daughter feels. If I get in the way of that just to take vengence on him, how will that look to her? Not good. And that's not the kind of person I hope she grows up to be either.
are you married, is he married. maybe you should have used protection yourself... you also endangered your baby by not using protection...
 

cj33070

Junior Member
I should not have needed to worry about protection when he is supposed to be faithful to me and we had both already been tested in the beginning of the relationship. You don't seem to like people pointing fingers but, you know, sometimes there really is a victim.
 

gphjr

Member
pb1963 said:
Adultery is no longer, and has not been even a punishable offense under the UCMJ for about 4 or 5 years now.

Article 134— Adultery
Text.

See Paragraph 60.

Elements.

(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.

Explanation.

(1) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member.

(2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service


Maximum punishment.

Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
 

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