Adultery

What is the name of your state?What is the name of your state?What is the name of your state?

I am from Pennsylvania, but I am current attending flight school in Alabama where I was married only 3 months ago.

My wife, I just found out, has been cheating on me with another member of her unit. Currently they are in Iraq and have only been there for 3 weeks. This has been going on for at least a month. We have a 13 month old daughter together. What legal recourse do I have? Can she be punished for adultery under the UCMJ? Can he? How can I ensure that I get custody of our child? I am at a loss and can not believe this is happening. Please let me know what I should be doing to handle this, to protect myself, and to protect my daughter.

"Adultery is a violation the UCMJ (Uniform Code Of Military Justice) and like any other reg you break you can get in trouble for it." How accurate is this statement?

Grounds for Divorce: Pennsylvania

LEGAL GROUNDS FOR DIVORCE: No-Fault: (1) Irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for 2 years or (2) irretrievable breakdown of the marriage and the spouses have both filed affidavits that they consent to the divorce. In the case of no-fault ground (1), the court may delay the case for 90 to 120 days if it appears that there is a reasonable chance for reconciliation. In the case of no-fault ground (2), 90 days must elapse after the filing for divorce before the court will grant a divorce. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301].

General: (1) Adultery; (2) bigamy; (3) imprisonment for 2 or more years; (4) confinement for incurable insanity for 18 months; (5) willful desertion for 1 year; (6) cruel and inhuman treatment endangering the life of the spouse; and (7) personal indignities. [Pennsylvania Consolidated Statutes Annotated; Title 23, Section 3301 and Pennsylvania Case Law].

Sir when you staed General, did you mean the General Article under the USMJ? How do I proceed with it? Do I inform her command or let a JAG officer handle it?

Adultery is not a violation of the UCMJ. Read it all here. What you need is a divorce attorney that has dealt with members of the military. See one soon.

Sir,
I was always led to believe that if you committed adultery that you could be chaarged under the USMJ, at least I know they mentioned thaat at OCS. Was I led wrong? I know the General Article is a catch all, but would it apply?

Look at Article 134 of the UCMJ..Here is a good website that talks about article 134(Adultery). http://usmilitary.about.com/library/milinfo/mcm/bl134-2.htm . Good luck with it.. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year

Racer is obviously not a judge advocate and has no clue. I would begin the process by contacting the local OSI (Office of Special Investigations) unit, or contact the staff judge advocate's office on your base. They'll know who/what/where to contact and get more information.

I would not expect punitive action to begin immediately. The commander usually is advised to impose a no contact order coupled with a LOC as a first offense. It depends however. When/if she breaks that order, THEN they'll usually begin punitive proceedings. Hope this was helpful.