Adultry

[ABF2SWAW]

What is the name of your state? CA.
i recently was informed that my wife is 3-4 months pregnant with another mans baby, divorce has been filed but can anyone tell me how to push this to cancel her benefits to prevent the navy supporting the birth of an adulurous child? i need legal advice!!!

 

[hexeliebe]

You can't push anything except when the child is born you can petition for a paternity test. DO NOT sign the birth certificate upon birth. In some states and in some situations this is considered acceptance of paternity.

Wait until you get a court-ordered paternity test to determine if the child is, in fact yours. Then go from there.

 

[JETX]

Since you are in active service, there are lots of issues that arise. I would suggest you talk with your JAG office.... and maybe your chaplain.

 

[hexeliebe]

Just to clarify, the UCMJ has no jurisdiction over your wife. And even if it did, The Joint Chiefs have reclassified 'Adultry' in 2001 to an family domestic matter and no longer classifies it as a crime under the UCMJ.

So, although I agree with JetX, the JAG or Legal Services (depending on in which branch you serve) will only help in the divorce matter. Once you are divorced your wife no longer has rights to any benefits. As for the unborn child, that's a matter of paternity.

 

[JETX]

I agree that they will no longer pursue the 'adultery' concern, but the JAG office can certainly advise him of the question he asked, "can anyone tell me how to push this to cancel her benefits to prevent the navy supporting the birth of an adulurous child?"

 

[hexeliebe]

God, it's so nice to get into a streetfight and both sides agree Of course I agree with you.

 

[stealth2]

Don't forget, too, that some states will not permit a divorce until the child is actually born.

 

[kdowd771]

hexeliebe

Just to clarify, the UCMJ has no jurisdiction over your wife. And even if it did, The Joint Chiefs have reclassified 'Adultry' in 2001 to an family domestic matter and no longer classifies it as a crime under the UCMJ.

Do you have any references to this?
just trying to verify what you are saying here. I am in the military also and this concerns me and would like to know more about this.
Thank you.

 

[hexeliebe]

Although from my post (after rereading it) you may be confused, let me clarify.

Adultery is punishable under article 134 of the UCMJ but only in connection with 'good order' and 'reflection on the military'. It is not, of itself, classified as a crim.

Former Secretary of Defence Cohen sought for a long time to have the clarification of article 134 as relates to Adultery changed and the additional language added.

http://155.147.98.10/sja/Crim Law/adultery1.htm

What is important to note here is that the commanding officer still has discretion to bring the charges but the act of adultery itself must conform to one of the above conditions.

I.E., if you are married and have an affair with a member in your chain of command then it could be a punishable offense. Of if you are married and the other party is not a member of the military but the offense creates a situation against 'good order' then the offense could be prosecuted.

However, if a family member is not also a member of the military and commits adultery, then the UCMJ does not come into play.

My comments in the previous post were to emphasize the change in the application of Article 134 to add the conditions where the article can and should be used to prosecute a case of adultery.

 

[stealth2]

In other words, if the wife is non-military, and she has an affair with someone non-military, the UCMJ has no jurisdiction over her.

 

[ABF2SWAW]

THE NAVY SUPPORTS IT!!

i just got back from not only speaking with my command jag but the naval station jag as well. "as long as you are legally married you cannot revoke benefits from a spouse" i am in a no-fault state so adultry is out of the question.....
in other words the navy will fully fund the support to a "adulturous"child and full benefits to"it" as well. until the final judgment which is after the birth date...........
i love being in the navy and would hate to get out on bad terms but how i would love to tell this story to a newspaper........but i dont need the world in my personal life. can anyone give me any other advice? i cant let her get away with this,legally? can i?

 

[stealth2]

Just remember one thing - this is NOT the child's fault. S/he did not ask to be conceived this way, and deserves the best chance that life can provide. Which includes decent prenatal care.

 

[ABF2SWAW]

true, the child does deserve the best but the father or her should pay for the benefits not the navy or myself. s/he will already be brought into the world wrongfully or without a moral family. but please, my post isnt about the kid it is about the fact that the navy is supporting/financing this wronful situation.

 

[stealth2]

The problem is, there's no way of LEGALLY knowing who the father is. Since you are married, it is presumed that you are. Until it's proven (like through a DNA test) after the child is born.

 

[tigger22472]

This may be a nosy question but how do you know for certain the child isn't yours? Were you out to sea or were you guys not having sex? I don't mean to sound funny ... it's just that unless the above is true the fact remains it could be yours and if you hold hostility now toward the child and you later find out the child is yours then things will never seem right and as stated before this isnt' the childs fault.