Legal Question in Military Law in Pennsylvania

Trying to help a friend

My friend is a SGT in the USAR. This SM is going through a divorce in PA. While deployed in Iraq, the SM spouse cleaned out the bank account. Now the SM does not have any money to get an attorney. The spouse has threatened to go to the SM's commander stating that the SM is committing adultery with a reserve MAJ. Apparently the spouse ''blackmails'' the SM with threatening to go to the command in order to get the SM to sign various custody and property settlement papers that are not necesssarily in the SM's best interest. What recourse does the SM have? Is the reserve MAJ in any jeopardy? (different state, different unit, and single).


Asked on 10/31/05, 8:04 pm

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Trying to help a friend

This is a situation that perhaps should be discussed in more detail by telephone. You may call for a free consultation. Contact me at [email protected]

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Answered on 10/31/05, 8:18 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Trying to help a friend

Men frequently make bad decisions at or around the time of their divorce and agree to anything to end the experience. Lawyers routinely advise against this conduct, but frequently our advice is ignored.

Your friend should get an attorney in the state where the divorce action is pending. The attorney may be able to place a "constructive trust" on the money that was in the bank account, or use other means to recover the funds. At any rate, an attorney is necessary.

Although the Army can and sometimes will prosecute for adultery, proof of adultery is a very difficult thing. The Major and the Sgt could theoretically be in some jeopardy, but in most cases the military, where the SMs are in different commands, just accepts this kind of thing.

You should definitely take Mr. Puckett up on a free consultation because this is a serious matter and could have serious consequences, and you cannot be reliably advised on the few facts that you presented.

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Answered on 11/01/05, 9:59 am


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