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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19227
Experience:  Lawyer and current JAG officer.
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I have been separated from my wife a year but no legal

Customer Question

I have been separated from my wife for over a year but no legal documentation. I met someone we became close friends and things took a turn and she called my command saying I was stalking her and she took a restraining order out on me. I'm now flagged because my commanders wants to do a commanders inquiry. Can they get me for adultery?
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Is there anything else important you think the Military Lawyer should know?
Customer: What proof do they need for adultery
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If you had a sexual relationship with this woman and she is willing to testify to that fact, then yes you could be charged with adultery.

Legal separation, even one that is documented with legal paperwork, is not a legal defense to the claim of adultery. You have to be divorced with the final decree or it is technically adultery to be with anyone else sexually.

Now, a separation period is certainly a fact that commanders (or a jury) can take into consideration, but it is an optional factor. They can give it as much or as little weight as they want to give it. Again, it is not a legal defense against the charge...just a fact that can be used in mitigation of the charge, if the command (or jury, if it gets that far) can take into consideration.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.