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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19886
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Im pregnant by a man in the army. He is legally married.

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I'm pregnant by a man in the army. He is 'legally' married. However, he and his wife both filed and signed divorce papers a month before I got pregnant. We are getting married once the divorce is final. My questions are: Will the army look at the dates when the baby is born? Will he get in trouble if they had already both signed the papers before I was pregnant? They havn't lived together for over a year and he is a great soldier. His commander is fully aware he is seeing me and is fine with it.

Thank you for the information and your question. If you are asking if he could be charged with adultery under the UCMJ, then yes, technically he could if there is evidence that you started a sexual relationship while he was still married. Whether someone is separated or not, or has filed divorce papers, does not make any difference under the UCMJ. As long as they are technically married it would violate the adultery statute.

That said, if his Command knows about this and there has been no trouble with his wife (support or fights or anything like that) then the Army really isn't interested in getting involved in these issues. They will if they are forced to by other issues, but the fact that the baby's birth date will be either before his divorce or immediately after, wouldn't lead the Army to file charges against him.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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