The first two elements of adultery under the UCMJ are fairly straightforward and shouldn’t require further explanation.The third and final element is where our simple question starts to become complicated.The “explanation” portion of Article 134 identifies several considerations military commanders should consider in determining whether an act of sexual intercourse could satisfy the third and final element of adultery under the UCMJ, including whether the Soldier or their sexual partner was “legally separated.” When people refer to being “legally separated,” they generally mean one of two distinct legal situations " either they have signed a formal separation agreement with their spouse or that a state court has issued an order of separation.A formal separation agreement is essentially a written contract between a husband and wife resolving the significant legal issues between them involving property, debt, support, child custody, etc.Bottom Line: From my experience as a divorce attorney, it is legally okay to date during your divorce, but don't do it.(copyright Stann Givens 2009) Florida is a no-fault divorce state.
I am divorced and have been for two years and am of the opinion that there is too much other stuff going on in one’s life during a divorce to date, as well.You had too much going on during your divorce to possibly consider dating. This same script, I’m reminded, played out in the life of one of my favorite clients who fell in love with a separated man.Therefore, you seem to think all men should feel the same way. But you are correct in proceeding with a sense of caution. Not because he listed himself as divorced but is really separated. He gave a lot to her during their time together, but, when it got right down to it, he really needed to sow his oats for awhile.Fort Gordon, Georgia -- Almost every week at the Legal Assistance Divorce & Separation Briefing, we receive the question, “If I am legally separated and start dating, can I get in trouble in the military for adultery?” Since the formal legal process of divorce can last months (or sometimes years), this question raises an important concern for anyone in uniform who is pending a divorce.
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