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I am legally separated from my ex. I started to see someone…

Customer Question
I am legally separated...

I am legally separated from my ex. I started to see someone else, this person being in the military. Now he is being investigated for dating a married woman. Which I am not. My ex is not pushing this at all because he has moved on too. One of my neighbors did not know my ex and I was done and went running to the guy I am seeing and started a lot of bs. It is all hear say. He can not contact me at all.

Lawyer's Assistant: Are you overseas or stateside?

I am stateside my ex is overseas

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

No. I am not military. i was told to stay quite by my lawyer.

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

Not really

Submitted: 7 months ago.Category: Military Law
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Answered in 4 minutes by:
12/14/2017
Military Lawyer: Allen M., Esq., Lawyer replied 7 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,569
Experience: Lawyer and current JAG officer.
Verified

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.

Under the law, yes you are a married women. The UCMJ does not accept a legal separation as being divorced. They are two different things and a military member may not date or engage in sexual relations with someone who is married still.

Your husband that you are legally separated from doesn't have to push the issue. This is a military law and a military commander can push the matter on their own initiative.

Hearsay refers to evidence given in court of a previous statement made outside of court. This situation is not hearsay.

Unfortunately, he has a no contact order, a legal order issued by command. Unless and until you are actually legally divorced, you are still married under the law and he cannot date you.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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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.

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).

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