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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34525
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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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: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years 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.

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