Need clarification of UCMJ regarding an affair between enlisted navy coworkers

[momwithacause]

Florida
My husband and I are getting a divorce and have been separated now (no legal papers have been drawn up) for about 8 weeks now. In that time, I have found out that he was having an affair and still is and has been living with this female for just about all of the 8 weeks.
What UCMJ articles pertain to this? I know that there is one about adultery but I believe that there is another about living with another female while you are married. Does anyone know anything about this?

[badapple40]

Is your husband an officer or enlisted and is the other female a military member?

Adultery could apply (Article ), there could be more, but I'd have to know the exact status of the female and your husband. Article 134, para 62 governs adultery.

There are three "Elements of Proof" for the offense of Adultery in the Military:

(1) That the accused wrongfully had sexual intercourse with a certain person;

(2) That, at the time, the accused or the other person was married to someone else; and

(3) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.


How do you know your husband had an affair and what proof do you have of his sexual relations with this other woman?

The government must show that the individual's conduct had some direct negative impact on the military. This normally would include cases of fraternization (officer & enlisted) or a relationship with another military member, or a military spouse.

The "Explaination" section under this offense now requires commanders to consider the following factors when determining whether or not the offense of "adultery" constitutes a crime:

A) The accused's marital status, military rank, grade, or position;

B) The co-actor's marital status, military rank, grade, and position, or relationship to the armed forces;

C) The military status of the accused's spouse or the spouse of co-actor, or their relationship to the armed forces;

D) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their duties in support of the armed forces;

E) The misuse, if any, of government time and resources to facilitate the commission of the conduct;

F) Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety ensued; and whether the adulterous act was accompanied by other violations of the UCMJ;

G) The negative impact of the conduct on the units or organizations of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and efficiency;

H) Whether the accused or co-actor was legally separated; and

I) Whether the adulterous misconduct involves an ongoing or recent relationship or is remote in time.

J) What this means is that many incidents of "adultery" may not be considered a punishable "crime" in the military, unless there is some kind of direct negative impact on the military itself.

Under the circumstances, it seems as if this is a iffy adultery case at best.

[momwithacause]

It does seem as if some of those elements apply to me.
My husband is an E-6 and she is an E-4 so both are enlisted. I know that they are involved but it isn't like I found my husband with his pants down around his ankles
They live together as "roommates" but after catching him in a million and one lies, I now know they are having an affair. WE ARE NOT EVEN LEGALLY SEPARATED...I do not have the proof to get him on adultery...All I have are phone bills and love letters but I didn't know if there was another avenue to pursue. This affair has affected his visits with our children because I will not allow our children to visit him around her. They are young and are devastated about the divorce...I do not want them to get anymore confused by the "other woman". Both of them have been spoken to by their superiors at work because of this. From what I understand, my husband was told that it would be in his best interest to change the situation and find somewhere else to live BUT I also believe that he can't be made to do anything unless I press charges.
Am I looking into a dead issue?

[badapple40]

Unless you can catch them with their pants down, or, if he was specifically given an order to move out and did not comply, you are out of luck. Even if such an order was given, I am not certain that it would be legal.

One final question:

Is he her superior (in the same chain of command, e.g. he is her squad leader, etc)?

[momwithacause]

Originally Posted by badapple40

Unless you can catch them with their pants down, or, if he was specifically given an order to move out and did not comply, you are out of luck. Even if such an order was given, I am not certain that it would be legal.

One final question:

Is he her superior (in the same chain of command, e.g. he is her squad leader, etc)?

Unfortunately, he is not in her chain of command. I just don't understand how a married man can be allowed to do this. I guess it is in my interest to let it go where it does. And hope that my children and I come out with our heads held high. I do believe in karma.