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I filed for divorce in June of 2006, had to declare ...

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I filed for divorce in...
I filed for divorce in June of 2006, had to declare bankruptcy got that done June of this year so I would not be liable for all spouses debt too. Then July he was activated by the national guard to go to Kosovo he won''t be back until Aug 2008. Told could not get a divorce. I''ve been ok with that but upset that his lower ranked girl friend from the base is getting his pay check and writing me my child support and that means she is getting the money he gets extra from the military for still legally being married to me. She was to stay away from him when the affair was found out. Army has done nothing but condone this. She is still Army and she is lying to them and getting my money for being married to him. Don''t I have any rights? If not why can''t we get divorced. They are both cheating the government out of extra money. I need advice on who to go to and what to do.
Submitted: 10 years ago.Category: Military Law
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Answered in 2 hours by:
12/21/2007
Military Lawyer: TruthFinder, Consultant replied 10 years ago
TruthFinder
TruthFinder, Consultant
Category: Military Law
Satisfied Customers: 2,293
Experience: Personal & professional research consultant for over 10 years & constantly learning new law changes.
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Unfortunately because he is on active duty you can not file for divorce according to the Servicemembers Civil Relief Act; read more HERE. This HERE may also be of help as well as this article on Adultery in the Military HERE. One of the hardest things is to prove that there is a sexual relationship between the two individuals involved, but the fact that she is getting his check and writing your child support check out of it does show that there is A relationship of some kind. Also the fact that they are both military gives more reason for the Military to punish them. You need to question your attorney about ways to contact the military to push them to prosecute the two of them for the adultery; if he can not help you, contact the commanding officer of their unit in writing.
TruthFinder
TruthFinder, Consultant
Category: Military Law
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Customer reply replied 10 years ago
I do have proof I have phone call 14 to 15 times a day while she was at work on her military job and he was at his police officer job. I have e-mails and pictures. I was told by him it was while they were gone on there two week training for the year and I have pictures of them naked. She e-mailed him during work at the base about his sausage and other explicited things. He told me if I shared that he would get me for keeping naked pictures of her, but I just downloaded what was on our computer. It was both of ours.
Military Lawyer: TruthFinder, Consultant replied 10 years ago
You need to copy all of the material and turn them over to the Military police, they both can be charged with an Article 134. Contact the Commander of his Unit and hers and if they refuse to deal with this, go higher in the ranks. I am not sure if I sent you this particular link before HERE, but this explains the process a bit more...this is reason for court martial. This is another good reference article HERE as it notes cases of such charges as well as HERE. Don't believe what he said as he is just trying to discourage you from using the pictures against him.....and that is what you should do. They should both be punished for their inappropriate conduct.
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