Legal Question in Military Law in Rhode Island

What exactly is a Legal Seperation

In the military if someone files for a legal seperation from their spouse, can both of them date whoever they want to. Also can the woman date someone legally from the same unit her husband works for.


Asked on 5/03/07, 9:50 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: What exactly is a Legal Seperation

A legal separation simply means that the parties are living apart and have agreed to do so. The separation provides for the rights of support and visitation during the period of living apart. It does not terminate the marriage, nor does it eliminate a prosecution for adultery under military law if, during the pendency of the separation, the soldier sleeps around.

A legal separation should be used if the parties need some time to sort things out, and need to make sure that children or spouses are supported during this time. If there is no reasonable hope that the marriage can be preserved, then a divorce, and not a legal separation, is what's called for.

As far as dating, married people CAN date -- it probably is not a good idea. Dating someone in the husband's unit would be an exceptionally bad idea because it would affect unit operations. In most cases the commander would be likely to put a stop to it.

You should probably obtain some advice from a civil divorce attorney before doing anything you are likely to regret down the road.

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Answered on 5/04/07, 8:54 am


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