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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a friend who is an active duty member, he is

Customer Question

Hello,
I have a friend who is an active duty member, he is currently deployed and has been since December of 2014. His wife called him today and said that she is leaving him, and has had sexual relations with another man for several months now.
Is his wife not liable for any kind of adultery charge, punitive damages, or emotional stress and suffering charges? Abandonment?
-And is the other person committing the adultery act with her not liable for alienation of affection, punitive damages, or emotional stress and suffering?
I know there are laws in the UCMJ against the service member committing adultery, but are the spouses really not liable for any kind of punishment for this?
My friend is now suicidal and in bad mental condition due to this, AND IS DEPLOYED- he is directly involved in combat, being that he is an infantry soldier. This type of emotional stress is not only directly effective of his health due to suicidal thoughts, extra stress, and all around mental instability, but also because it can be a distraction during combat and could endanger his life in that aspect. He is being taken to medical tomorrow morning, but isn't that also detrimental to his military career.. all because of his cheating spouse, and is it really possible that she will not be held accountable for this? Neither will the male involved with the wife?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
Because spouses do not serve, they are not bound by military regulations pertaining to adultery or other ethical violations. However depending on where the spouse resides, there may be local state laws that may still pursue adultery or 'alienation of affection' claims against the other party to the relationship. I must be honest and state that this is now a very small minority of jurisdictions but I can review to see if this may be applicable here (suing for mental distress is not possible). Where do they reside so I can review this for you? Thank you!
Customer: replied 1 year ago.
They are living in Tennessee, stationed at Ft. Campbell.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. As I suspected the code here is not favorable. Tennessee does not currently have any 'alienation of affection' grounds for suit (although neighboring Mississippi does), meaning he cannot sue the other person in the relationship. Likewise, in Tennessee adultery is a common 'fault based' ground which can be used to file for divorce and argue against alimony, but it is not something that would have criminal implications. I am sorry, but here he would not have recourse. Sincerely, ***** *****

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