Legal Question in Military Law in Michigan

??

My boyfriend just left for basic training for the army last thursday to fort benning, georgia. We plan on getting married as soon as basic is over in about 4 months. I keep hearing that he would have to get permission from the army to marry me. Is this true? What are the chances he won't get permission????


Asked on 2/16/09, 10:55 pm

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: ??

The answer is no, this is so regardless of your citizenship.

Many years ago a service member stationed overseas wanting to marry a foreign national had to get permission. That rule was changed because it violated a persons rights. However, if YOU are overseas and you a foreign national then he can be required to get counseling first. The idea was to avoid service members overseas marrying a person who could not get permission to enter the United States because of potential immigration problems.

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Answered on 2/17/09, 3:48 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: ??

Unless you're a foreign national he doesn't have to secure permission to marry you, he merely has to secure time off to have the ceremony. The command doesn't get to decide who gets married and who does not. But they do control the soldier's time. Once he is done with Basic he might get a day or two between there and AIT. If he does, that's the best time to plan for a wedding, but don't make too many plans because if he hits a snag and gets recycled for any reason (injury, etc.) you don't want your plans to fall victim.

Once he is in AIT he will get more privileges, but he is still in training status and still may have problems getting free time. Do not expect to see much of him. Once he is out of AIT it is likely he'll be sent to a permanent duty assignment. If that assignment is in the US, then it would work for you to go there and live with him. If it is an overseas assignment, clearly it will not.

Being a military wife takes a lot of patience and a strong heart. Millions of us recognize the sacrifices that he makes, and that you make, by him having chosen to serve his country. The best of luck to both of you.

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Answered on 2/17/09, 9:49 am


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