Legal Question in Military Law in Michigan

Military Adulteration with Civilian

I recently met a woman on the internet that had expressed that she was looking to get out of her marriage. 3 kids are involved from her current marriage but she has decided she want out of the marriage but she wants to keep her kids.

I have been talking to her for a long time online and on the phone. She has already started divorce proceedings by informing her husband she wanted out and they have started the process by him filing for divorce (think it was a control issue with him wanting to file). At first he was saying he was going to be totally cool with it. When he found out she was talking to a servicemember things started going downhill. He has threatened to use UCMJ against me for talking to her by tracking me down and informing my supervisors.

If I was to meet her in real life what are the risks, and even if I don't meet her in real life what are the risks of communicating with her. I am single, never married. He and she are both civilians in a different part of the country.


Asked on 1/28/05, 4:19 am

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Military Adulteration with Civilian

As you are a single service member, if you know a woman is married, and you have sex with her, you can be accused of adultery. Whether anyone can PROVE that you had sex with her is another matter. No sex, no adultery. Further, adultery is not always prosecuted in the military. There has to be some impact on the service. It would appear from your facts that there is no direct impact on the service if she is a civilian. This area of military law is in transition, and you might not be charged with an offense under the UCMJ. But the better course of action is always to conform your conduct to the laws and regulations of the service. Otherwise, you are at risk for disciplinary action if the spouse presses your service for action against you. They will not just ignore it. And it will not be good, even if no charges are brought. You can always receive an unfavorable evaluation based on demonstrated poor judgment in handling your personal affairs, since they adversely impacted on the unit (spouse reported your meddling in his marriage).

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Answered on 1/28/05, 5:33 am


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