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re Adultery in the military I committed adultery and now

 
PhilCave's Avatar
  • Answered by:PhilCave
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re: Adultery in the military

I committed adultery and now have a child. My child is not my spouse's. I am in the military, my husband is in the military and the biological father is in the military as well.

What are my consequences and what options do I have to save my career in the military?

 

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State/Country: Georgia

Submitted: 1347 days and 17 hours ago.
Category: Military Law
Value: $30
Status: CLOSED
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Expert:  PhilCave replied 1347 days and 15 hours ago.

Your "jeopardy" will be affected by a number of factors:
Your husband's attitude?
Will the father be paying child support?
What was the duty/command relationship between you and the father?

The military is not always taking discipline or separation action for Adultery these days. They do get active when there is a case of fraternization at the same time. If the three of you deal with this professionally and responsibly it may be possible that nothing will happen to any of you.

Sincerely.

Customer replied 1347 days and 6 hours ago.

Can any action be taken if my husband is Title 10 active duty and I and the biological father are Air National Guard?

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Expert:  PhilCave replied 1347 days and 4 hours ago.

Yes, but the Air National Guard is limited in what they can do in practical terms to administrative actions.
Again, it would seem to me that if everyone acts as an adult, the father take responsibility in terms of child support, and there be no blow-ups while on a drill, you should all be OK.
If there is a sense that you were fraternizing with the father, or misusing government time and assets to carry on an affair, they may take matters more seriously.
Ultimately they could end up trying to Discharge you and the father.
Sincerely.

Customer replied 1346 days and 18 hours ago.

My husband and I are in agreement to get a divorce. My husband is going to report the affair to JAG very soon. Is it in my best interest to voluntarily report my affair to my immediate supervisor or go to JAG myself. How long does it take JAG to take discipline or separation action?

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Expert:  PhilCave replied 1346 days and 18 hours ago.

No, you should not say anything.
You should wait to see what if anything does actually happen.
If the father doesn't say anything either, then it will be a little more difficult for them to get the investigation done if they decide to do one.
If you are approached for an interview or for a statement you should tell them you want to talk to an Area Defense Counsel and that you have nothing to say until then.
Sincerely.

Customer replied 1346 days and 18 hours ago.

Two days ago, the biological father called my husband's cell phone and words were exchanged that upset my husband. My understanding is that my husband feels threatened and that is the reason he is going to report the affair to JAG. The only reationship I currently have with the biological father is to communicate the wellness of his son. How does this conflict between my husband and the biological father affect my son and me?

Accepted Answer

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Expert:  PhilCave replied 1346 days and 16 hours ago.

Well, you need to be on good terms with the father so that he cooperates with you in getting child support.
As for your husband you will want to start to be concerned you get proper divisions of property, marital share of Retirement, those kinds of things.
You need to talk with a divorce attorney where you are located to get working on protecting yourself.
sincerely.

Expert TypeLawyer
Category: Military Law
Pos. Feedback: 96.8 %
Accepts: 1030
Answered: 8/14/2009

Experience: 33 years military law experience.

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