Sunday, August 22, 2010

What happens if a active duty military spouse is cheating?

I suspect that my husband is cheating on me. He told some people that he has a girlfriend and walked out on me and our 2 kids 2 weeks ago. What will happen if I get proof and turn him in for it?What happens if a active duty military spouse is cheating?
It all depends on the circumstance and what you want to happen to him. Have you thought through this thoroughly? His command will play a vital role is the outcome. Also, the amount of evidence that you have against him because he will probably deny it to the grave and she will too, I mean look, she's having an affair with a married man with children. There isn't much they can do to him if they do charge him besides take rank and that will only hurt the outcome of what they give to you and your children. If I were you, just let him know that you know and let that be the grounds for divorce unless you feel as if you can work through your marriage. You have two children together and if this was just a one time occurrence and counseling can be of assistance, then possibly contact the chaplain, they can work wonders. Or a referral to an off-base marriage counselor may help too. Talk to his 1st Sgt or his commander, I don't know his rank but talk to whomever is above him and maybe they can intervene in some way. Protect yourself and your children first and foremost.What happens if a active duty military spouse is cheating?
first go talk to his supervisor the in the military the active duty member is required to give two thirds of his check to his spouse if they have children and if you do have proof there is thing called the uniform code of military justice im pretty sure that he can be charged with something in that book
It depends on his rank and the various circumstances. Maybe a letter of reprimand. For anything more, it would have to be a violation of the UCMJ, and one of the elements of Article 134 is ';That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.';
Most likely nothing. The military has far more pressing matters to deal with than that. Get a lawyer.
in most cases... NOTHING. the military does not get involved with domestic disputes unless it directly affects the unit's mission. he will not be prosecuted under the UCMJ unless it is in conjunction with another violation, such as Fraternization.





HOWEVER: as long as you are married, he is required to provide for you, even if it is nothing more than Part of BAH. and for THAT he can get into a lot of trouble for.
If he is in the military, once reported, he could be charged under the UCMJ with adultery. Whether or not his commander will actually do that is a whole different story. If he is the dependent spouse of an active duty military member, nothing can be done. Unless of course he's seeing another service member................
I would think very carefully about turning him in. If he is kicked out of the military, your kids could lose alot. As long as he is in the kids will have Tri-Care and other benefits. You will also be sure to get your child support.





If he is cheating now, if he was out, he would cheat then also. I would just divorce him.
This depends on the service you are affiliated with. In the army, the cases of cheating are handled hit or miss - unless it impacts the mission. In the AF the parties must admit to the investigator about the relationship before it will be pursued even if you have pictures (dumb I know). You can go ahead and press through the UCMJ channels, but before you do that - take everyones advice and seek civilian legal council to protect your children's right for support FIRST. Call your local child support department and find out what your kids are entitled to and how to go about it. Get prepared before you pursue. I have seen many cases where spouses charge the member with infidelity or abuse and the command turns a blind eye or finds themselves looking for a place to live after the member is moved into the barracks for more than 30dys. The military does not always do what is best for the family - just the military! Good Luck!
Adultery is different for the military to prove. They can not hire private investigators to take pictures of cheating spouses, like some people do. However, if there is proof, your husband can be charged under the UCMJ.





If he has left you and your children, you should divorce him. No matter what happens to him in the military, he does not deserve to stay married to you and he should lose custody of the children.
If you report him, depending upon his position he could be court martialed for marital infidelity... Please try to raise your children well during rough times:





People seem to forget that the military has its own laws, the Uniform Code of Military Justice, which are fundamentally different from the general law of the land. Under the UCMJ, rights (such as the freedom of speech, freedom to assemble, etc.) are drastically curtailed. Under this code, people can be and are, court martialed (or at least administratively punished) for inter alia adultery, disloyal statements, ';conduct unbecoming an officer';, etc.





In 2005, according to CNN.com: ';four-star Army General Kevin Byrnes, a 36-year veteran on the brink of retirement, was relieved of his command of Fort Monroe. According to press accounts, Byrnes lost his command as punishment for committing adultery. Yet Byrnes contends that the adultery occurred after he was formally separated from his wife, was committed with a civilian, and did not affect his official duties.';





General Pace is entitled to his views and hopefully someday we'll elect a commander in chief who will make it impossible for those views to coincide with official military policy.
Most likely, nothing will happen to him. Unless she is active duty also or works with him, don't expect anything more than his command telling him to keep it in his pants and keep it out of the work place. There are rules about it in the UCMJ but they really aren't enforced. This is mainly because if he gets in a lot of trouble and get demoted or kicked out, there goes your chance at any child support because he won't have a job. I wouldn't mess with his job on this, just get a lawyer.

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