How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33104
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My husband lives in the USA and im living in Germany. We are

Customer Question

My husband lives in the USA and im living in Germany. We are not divorced yet and he has already a new girlfriend. He is not active duty anymore he is as far as i know IRR. Is there any chance that the army can help me because of adultery?
Thank you
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am very sorry to be the one to bear bad news. IF he is off active duty, the military will not prosecute. In theory, they could. But to bring him back, from the IRR, onto active duty for prosecution requires approval from the Service Secretary (for example, if he is Army, Secretary of the Army has to personally order him to duty). I have seen this happen twice in my career, both for murder cases. You could certainly contact the office of the Service Secretary and request they return him to duty and prosecute him but I suspect they will decline. This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they will recall him, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Related Military Law Questions