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My wife has been having an affair with an old boyfriend of…

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My wife has been having...
My wife has been having an affair with an old boyfriend of 19+ yrs ago, who happens to be an active duty Major in the Army, stationed in VA (we live in Ohio). This has been going on since June of 2011, when she first went down to VA to visit (and more) him. She has since decided that she loves him and we are getting a dissolution of marriage (she has bought another home and moved out a couple of weeks ago). I am obviously distraught with the idea of tearing apart our family, we have 3 young children, and am wondering if any charges can be brought against him. From what my wife has told me, he was legally married when this affair started in June, he has had his final divorce hearing this past fall, from what I understand. He now has an ex-wife and 2 small boys living in GA. So, he and she were both married when this started. I have a few emails from her to him and vice versa, using his military email, which is For Official Use Only. If both of their cell phone conversations (from early 2011) were subpoened, there would be overwhelming evidence of the graphic details of their affair (I've read some of the gut-wrenching texts). What proof would I need to have these phone records subpoened, or do I actually have any course of action?
Submitted: 6 years ago.Category: Family Law
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3/5/2012
Family Lawyer: Fran-mod,
 replied 6 years ago
Fran-mod
Category: Family Law
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Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
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Customer reply replied 6 years ago
Hello. Yes, I am still waiting for an answer on this topic. Haven't received anything on it as of yet. Thanks.
Family Lawyer: Fran-mod,
 replied 6 years ago
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
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Customer reply replied 6 years ago
I feel as though this subject has either fallen through the cracks, or doesn't have merit for any further action. Please let me know either way. Thank you.
Customer reply replied 6 years ago
Oh, and just found out...my wife and this Army major are planning a romantic getaway in June....while we are still married!!!!
Family Lawyer: Fran-mod,
 replied 6 years ago
Thank you for your patience, your business is very important to us, we are waiting on the Expert with the right expertise to come online. Feel free to let us know if you would like us to continue searching for an Expert or if you would like us to close your question. Thank you for your understanding!
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Customer reply replied 6 years ago
Some more info came to light that may or may not matter. My wife and this Army Major are planning a trip to Punta Cana in June. I have emails from her to his military email with a tentative itinerary. Since this is not my email, but her work email, I'm not sure if this would be admissibly or even considered valid towards anything.
Family Lawyer: Fran-mod,
 replied 6 years ago
Please understand that it’s rare when we cannot find the right Expert. Nevertheless, because you are entitled to your money back with no questions asked, we will process your refund immediately at your request. Please accept our sincere apology. We hope you’ll think of us again when the need arises.
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Family Lawyer: joelaws8, Lawyer replied 6 years ago
joelaws8
joelaws8, Lawyer
Category: Family Law
Satisfied Customers: 390
Experience: I can answer general family law questions regarding the family code and procedure.
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I am a licensed attorney and would be happy to help you with this.

I am very sorry to hear you are going through such a terrible situation.

Because your wife is still married, the Major is committing a violation of the Uniform Code of Military Justice (UCMJ) by having a sexual relationship with her. (Click here for a thorough explanation of Article 134).

I recommend that you contact the base legal department at whichever base he is stationed. From there, they will begin an investigation into the matter.

As for the emails, unless she gave you her password, or consented to you logging onto her account, you may be committing a crime by "hacking" into her account. So be careful with that.

Inform the JAG of the incriminating texts, and they be able to subpoena the Major's phone.

One more thing, you should definitely use this information in the divorce. In Ohio, the Court will consider adultery as a grounds for divorce when determining fair property division (therefore, they can give you more than a 50% split of the property due to your wifes infidelity being the cause of the divorce).

Please let me know if I can clarify anything, or provide you with any additional information. If not, please accept my answer. Any positive feedback will be greatly appreciated and reciprocated. Thank you very much and I wish you the best of luck.
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Customer reply replied 6 years ago
I'd like a refund. I don't think this is going anywhere. Thanks anyway.
Family Lawyer: joelaws8, Lawyer replied 6 years ago
You are free to ask for a refund through the customer service section of this website. However, I ask you to please reconsider that choice. You asked a question, I conducted research, and answered you thoroughly. If I can clear anything up, or if you have follow up questions, please let me know and I will assist you further. If not, please accept my original answer.

Thank you.

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Experience: I can answer general family law questions regarding the family code and procedure.

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