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My wife and I were fight about 7 years ago and had problems…

My wife and I...

My wife and I were fight about 7 years ago and had problems in our relationship. We have since mended those problems. However, 7 years ago, I found out she cheated on me, so I did the same out of spite. I just received an email saying I am the father of a 6 year old (born out of wedlock and I'm still married). I am not in the state where the mother and 6 y/o are, rather stationed somewhere else. I have 18 years of service and I'm worried to say the least.

Lawyer's Assistant: Because laws vary from state to state, could you tell me what state is this in?

I'm in Hawaii, the mother of the child is in WA, I'm a resident of FL

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Answered in 2 minutes by:
7/11/2016
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,496
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? Are you asking if you could be prosecuted under UCMJ for this?

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Customer reply replied 2 years ago
I think is can be... but will it be? I still haven't done a paternity test either. What would you do if you were in my circumstances? Thank you.

It COULD be...adultery is a crime under military law. So IF there were evidence of this crime to make its way to your commander? THey could investigate and if there is evidence to prove you committed adultery? They could take action (court martial or administrative separation)

That said, if the adultery took place over 5 years ago? It is too late to prosecute (the statute of limitations is 5 years).

But they COULD still separate you administratively (since the statute of limitations will not apply to an administrative action)

What would I do?

I would try and ensure I was not separated before reaching the 20 year mark (so you can keep retirement).

So I would not make any statements about this to anyone. And consider reaching out to mom to negotiate a settlement that includes her not reporting this to your commander

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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Customer reply replied 2 years ago
Thank you... this is helpful

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,496
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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