Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law

I am the wife to a Marine and had an affair with another

Customer Question
Marine who is married. They...
I am the wife to a Marine and had an affair with another Marine who is married. They are both officers. Could the Marine who committed infidelity be discharged?
Submitted: 4 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
8/8/2017
Military Lawyer: KJL LAW, Lawyer replied 4 months ago
KJL LAW
KJL LAW, Lawyer
Category: Military Law
Satisfied Customers: 1,756
Experience: Attorney at law Office of KJLLAW
Verified
Good afternoon
Ask Your Own Military Law Question
Customer reply replied 4 months ago
Hello.
Military Lawyer: KJL LAW, Lawyer replied 4 months ago
A little background. Unfortunately adultery is not listed as an offense in the Uniform Code of Military Justice (UCMJ). The UCMJ is a federal law, enacted by Congress, to govern legal discipline and court martials for members of the armed forces. Articles 77 through 134 of the UCMJ encompasses the "punitive offenses" (these are crimes one can be prosecuted for). None of those articles specifically mentions adultery.Adultery in the military is actually prosecuted under Article 134, which is also known as the "General Article." Article 134 simply prohibits conduct which is of a nature to bring discredit upon the armed forces, or conduct which is prejudicial to good order and discipline.The UCMJ allows the President of the United States to administer the UCMJ by writing an Executive Order, known as the Manual for Court Martial (MCM). The MCM includes the UCMJ, and also supplements the UCMJ by establishing "Elements of Proof," (exactly what the government must *prove* to prosecute an offense), an explanation of offenses, and maximum permissible punishments for each offense (among other things).The Manual For Courts-Martial now requires commanding officers to consider certain factors when determining whether or not adultery has a direct negative impact on the military, and should be considered a criminal offense:The accused's marital status, military rank, grade, or position.
The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces.
The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces.What all of this means is that many incidents of "adultery" may not be considered a punishable "crime" in the military, unless the commanding officer determines that there is some kind of direct negative impact on the military itself. In other cases, the matter is best resolved in civil (divorce) court, just as it is for civilians.In my experience, adultery is almost never charged as a "stand alone" criminal offense in Article*****Martial actions. It is generally added on to the list of charges, only if the member is already going to be prosecuted for one or more other criminal offenses. For example, if the commander decided to prosecute a married Military member for the crime of writing bad checks, and investigation disclosed that the member wrote the checks in order to pay for a hotel room to have an affair with someone, the commander may decide to "tack on" a charge of adultery to the list of bad check charges.I hope this clarifies. Please don't forget to rate the question with stars so thatI will receive payment for assisting you with your question.
Ask Your Own Military Law Question
Military Lawyer: KJL LAW, Lawyer replied 4 months ago
If you have any other questions please just ask
Ask Your Own Military Law Question
Ask KJL LAW Your Own Question
KJL LAW
KJL LAW
KJL LAW, Lawyer
Category: Military Law
Satisfied Customers: 1,756
1,756 Satisfied Customers
Experience: Attorney at law Office of KJLLAW

KJL LAW is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,679 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,180 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,816 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My son was in the CG and courts-martialed in 2006/7 for
My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
Are you versed in the UCMJ, Mil R. Evid., and the MCM? As of
Are you versed in the UCMJ, Mil R. Evid., and the MCM? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
Is it proper for a senior officer to salute Junior personnel
Is it proper for a senior officer to salute Junior personnel when celebrating Armed forces Day? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
I am coming close to the end of a Special Court Martial and
I am coming close to the end of a Special Court Martial and I was curious if a bad conduct discharge is considered a felony in Washington state? I am being charged with the following; Unauthorized Abs… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
How do you find out who someones commanding officer is?
how do you find out who someones commanding officer is? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,180 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
Article 134 adultery, what exactly happens and the
article 134 adultery, what exactly happens and the consequences to the soldier … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,093 satisfied customers
What can I do if my court-martial request is not honored? An
What can I do if my court-martial request is not honored? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
I am going to a court martial for assault and I was
I am going to a court martial for sexual assault and I was wondering if I am found innocent what exactly can I sue the other service member for? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
I had a court martial back in 1988, the result was BCD. My
i had a court martial back in 1988, the result was BCD. My first discharge was in 1982 . My question is do the first discharge court for anything. I recieved the BCD with no jail time . what are my ri… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
How can i find out who my husbands commanding officer is? he
how can i find out who my husbands commanding officer is? he is in the reserve … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
When offered NJP or Court Martial and you elect Court
When offered NJP or Court Martial and you elect Court Martial but the CO doesn't want to do that. I was told that i now have to do admin board but I didn't ask for that i asked for court martial. I no… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
I received an Article 15 for an article 134, discredit for
Sir, I received an Article 15 for an article 134, discredit for making a false office statement. I was given an LOR and received a suspended reduction. Now 4 years later, I went to get fingered printe… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,180 satisfied customers
If someone was convicted of a general court martial and all
If someone was convicted of a general court martial and all charges were then dismissed and the conviction was overturned on appeal, how do you answer the "were you ever convicted of a court martial" … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,816 satisfied customers
Can a soldier still get court martialed for a domestic
Can a soldier still get court martialed for a domestic violence if he didn't get charged with it civilian side ? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers
If someone goes to a special court martial for article 112,
If someone goes to a special court martial for article 112, gets a bad conduct discharge and no confinement, does that show up on a civilian background check or criminal background check?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,816 satisfied customers
Back in 1989 I was convicted at a general court martial for
Back in 1989 I was convicted at a general court martial for bad checks sentenced to 30 months only served 18 months can I get a pardon… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,679 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x