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.
A new question is answered every 9 seconds

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Military Cohabitation Laws

Cohabitation laws vary from state to state and should be understood if you are planning to cohabitate. Many people are unaware of the complications that can arise when they choose to cohabitate rather than marry. Many times, benefits and liberties are lost from cohabitating. Below are some of the top questions answered by Experts on issues related to military cohabitation.

If a soldier is still married, but separated, can they get in trouble for cohabitating with a soldier from a different platoon?

If you are married and you are having sex with a person who you are cohabitating with, you could be facing punishment from the military. In order for the UCMJ to prosecute you on charges, they will have to prove three things.

1. That you are having or have had a sexual relationship with the room mate
2. You were married at the time of the sexual relationship with the room mate
3. That you knew your conduct was wrong but continued the wrongful act and that it brought discredit to the armed forces.

It will be difficult to prove the last factor because the military will have to show that your actions affected your unit or attracted negative attention to the military. You can learn more about this topic by going here: http://usmilitary.about.com/od/punitivearticles/a/mcm1342.htm

Of course, if the cohabitation didn't involve sexual acts with the roommate, there won't be a case. If there was sex, you probably will be facing charges. You may want to speak to someone at TDS about your best options in the event your command pushes for an Art 15.

Will the widow of a retired veteran lose TRICARE if they cohabitate with a person instead of remarrying?

Unless you live in a state that recognizes common law marriage, there shouldn't be an issue if you are cohabitating. The law says that any un-remarried widow is eligible for TRICARE. If you remarry, your benefits to TRICARE are gone. This is because TRICARE is a benefit for the widow of a veteran and will end upon the widow remarrying.

In Texas, would the Marine Corps acknowledge a common law marriage or will they require a certificate?

The Marine Corps will need a form or certificate showing your marital status. In the state of Texas, the common law marriage goes by a different name, known as an informal marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married.

In order to get a certificate or form of marital status, you can go to your court house and register your marriage. Once your marriage is recorded, the court clerk can make a copy of the declaration for the Marine Corps.

When writing a letter of remorse for an article 15, how should the letter be worded?

The best approach to writing the remorse letter is to be sincere. The reason for a remorse letter is to attempt to reduce punishment. The remorse letter may not do anything to lighten your punishment but you need to try. You need to attempt to express three points in your remorse letter. The first step is to sincerely apologize. You need to be honest about your apology and explain why you are apologizing. The next step is to explain what you have learned from the experience. The third step is to give a plan of action for your future. Mean what you say and make sure you express how sincere you are.

Ca you receive military benefits while cohabitating? A woman has lived with her husband for 13 years but only married for 9 years.

The military doesn't provide benefits for the time that you cohabitate, only for the years of marriage. Usually, the amount will be 50% once you have been married for at least ten years, but this will be decided by the courts in the event of a divorce settlement. You can learn more about this topic by going here: http://www.dfas.mil/militarypay/garnishment/fsfact.html

Cohabitation is a popular choice of many couples who prefer an uncomplicated living arrangement. A few states still acknowledge common law marriage, so if you plan to keep a status of unmarried, you need to know the laws of your state. If you are in the military and unsure about your cohabitation laws, it's always best to contact an Expert in Military Law.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11988
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

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.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Cohabitation Questions

  • Canadian Military Law / Family Court Applicant requested a

    Canadian Military Law / Family Court
    Applicant requested a summary and value for 'division of pension' of Respondent's military pension. Answer and value amount received.
    However, National Defense Headquarters stated 'a court order' is required in order to apply and give the division value to the Applicant.
    I do not understand this... why is an order required from the Family Court if there is proof of cohabitation/ marriage time in prior court orders for custody & support purposes.
    Court decision did not address Pensions (there are actually 2 involved in settlement matters) after Trial eventhough they were both key topics on trial.
    Applicant is confused? Advice please?
    Thank you.
  • If a single male PO2 is living as roommates with a married

    If a single male PO2 is living as roommates with a married female PO3 and there is no romantic/sexual involvement can they still get in trouble for cohabitation under the UCMJ?
  • Hi, I have been retired from active duty since 2006, after

    Hi,
    I have been retired from active duty since 2006, after serving 21.5 years in the US Army; I retired as a Sergeant First Class (E7).
    I have been married for 11 years to an US Air Force Reservist who started in the enlisted ranks in 1990. He became an officer in 2004, and now holds the rank of Captain. He plans to stay in the reserves until he serves 10 years as an officer.
    Unfortunately, after he finished graduate school he decided he didn't want to be married so we are in the mediation process of discussing finances and property.
    With this said, my lawyer asked me if I knew how to figure out how much pension he will be entitled to if he retires in 2015 as say a Major.
    I am aware that unless congress changes the law, he may not start receiving his pension until he is 65 years old- in 27 years.
    Please help me with the estimation. My email address isXXX@XXXXXX.XXX.
    Thank you in advance for your assistance.
    Sincerely,
    Kim Finch
< Last | Next >
View More Military Law Questions