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My husband is a sergeant with DOD and is having an affair…

My husband is a...

My husband is a sergeant with DOD and is having an affair with an Air Force military member. When this began a year ago she was married also but was recently divorced in February. This affair is continuing and my husband has also now filed for divorce. What type of proof is needed to go to the Air Force Legal department to bring charges on the mistress?

Lawyer's Assistant: Are you overseas or stateside?

California

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes. I spoke to a LT and he would be speaking with her, but unless she confesses he wouldn't be able to do anything without some proof. My husband has now moved in with her also.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know what I can do to bring charges against her for having an affair with my husband. Like I mentioned, I just found out as well that she was married also when this affair began.

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Answered in 4 hours by:
8/13/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,620
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. Generally the type of proof that the Government would have to have to substantiate a charge of adultery, if that is what you are referring to, would be witness statements who saw them together in situations where a reasonable person would think they were a couple, or who they told they were having a sexual relationship, photos, statements of admission, notes to each other, in general anything that makes it more likely than not that the relationship was more than a friendship. You don't have to prove the charge though, the Government does. But again, those are the types of things, other than a "confession" by one or the other, that they would need.

Please keep in mind though that you don't really "bring charges" per se. You can certainly report the alleged misconduct to her Command, but it is up to them what they do with the information. Adultery charges, especially in the Air Force, are not usually pursued unless the AF servicemember is in trouble otherwise, for example BAQ fraud, starting a fight over the affair, etc. The reason is that in almost all states, adultery is not considered a criminal act anymore, and although it still is technically a violation of the UCMJ, there is a general attitude that it is a personal civil issue and unless fraternization is involved that effects the Command, the Commanders stay out of it.

All that said, you can still report it to her Command and they will investigate it in the manner they see as appropriate.

It is not clear from your post if your husband is also active duty military since you said he was a sergeant, but then said DOD, which is not a military service. If he is active-duty, he too, would potentially face charges as well.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to discuss the law of your issue, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 6 months ago
What if my husband admitted to me that he was having an affair with this person and admitted to having a sexual relationship with her?

That would be some evidence and you could give a statement, but there must be corroboration in some other form, such as the other things I mentioned. I can't tell you what will be used or sufficient in this case as I don't know the facts of the case from the sides of the two parties. You can call and file a complaint with her Command and they will take it from there.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,620
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
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