Military information needed for fic

[selenay]

I know that there are at least a couple of ex-military types on my f-list (riverfox?), so I'm hoping that you can help me with getting a detail right for a B-plot in a fic I'm possibly writing.

If there were a female officer who separated from her husband (without divorcing) and subsequently had a relationship that resulted in pregnancy, would there be any legal consequences for her? I'm not looking for a particular scenario here, but I want to make sure that I don't write something that has people going "but, but...". Would it be a situation where she wasn't breaking military laws, where she could potentially be prosecuted but most commanders would turn a blind eye or where she'd be facing a court marshall no matter what her commander thought? It's only a detail, but I want to make sure that I get that detail right.

Comments

[feather-autant.livejournal.com]

Adultery is illegal in the UCMJ. Most commanders would ignore it unless the spouse made a big deal out of it. People will be people, after all. *g*

[alyse]

Ah, but if she's legally separated but not yet divorced, does that actually count as adultery? I don't think it would in the UK - because you've already legally separated at that point so unless you can prove that the affair started before the separation it's not counted as grounds - but I don't know if the US is different.

And I don't know whether the military view things differently.

[feather-autant.livejournal.com]

The fact that she's legally seperated would be taken into consideration, but she's still *married*. In most cases, it wouldn't be a problem.

Here's a link that has some info. It does say that legal seperation would be taken into consideration. It pretty much depends on the commanding officer and what he'd want to do.

http://usmilitary.about.com/library/milinfo/bladulterydefinition.htm

The military is a very funny beast. What it pretty much boils down to is, does your commander like you or not?

[selenay]

Interestingly, I'd assumed it was something like this so I'm feeling pretty good at getting it right by pure guesswork :-) Thank you! And that links might be useful, too. It's good to have these things confirmed so that someone doesn't write to me and say "But that would never happen!" after posting.

[riverfox.livejournal.com]

Whatever you need sweetie, I'll be glad to help. :)

Legal consequences. None. She's still married and marriages are civilian-run, not military, and are therefore subject to the laws of whatever state she lives in, and most states don't have that silly-assed "adultery" law anymore--that is, where the woman is penalized. POINT: The military cannot punish their married members for adultery. That's a state business. *g*

[riverfox.livejournal.com]

(hadn't read your replies when I answered)

Now that I've contradicted your other repliers... *g*

It no longer matters what the military views as adultery. Marriage, according to both laws, is a civilian contract, not a military one. They may get married on base and by a chaplain, but the contract is still "civil" in nature. Laws about adultery would apply only if a) she has a bitch of a commander, and b) a bitch of a husband, but either way, they can't toss her ass in Leavenworth for it... well, I suppose they could if they wanted to do a witch hunt and churn up old laws that don't mean anything anymore... in which case she could then grab a lawyer and sue the military over sexist law. That's happened before.

[selenay]

Thanks for that :-) It's a bit more detailed and gives me a better idea of what would probably happen, which is what I needed. The RL version of what would probably happen actually fits with my plot bunny way better than the Leavenworth option! I was hoping it was either not punishable or commander's discretion because I actually don't want to be required to put the character in the brig or anything silly :-)

[riverfox.livejournal.com]

What I should have said and boneheadedly forgot:

There is a *huge* difference between the laws written and their *application.* Of the sexual laws in the UCMJ, the DADT and Fraternization laws are the only ones actively pursued. Adultery? With the military 90% male? Not on their lives.

A great many commanders would rather sweep incidents under the rug or deal with them quietly and in-house. Unless the woman is high-ranking, and the commander/husband are psychos, your character would only get a minimal punishment, one that does *not* include branding an A on her chest and sending her to Leavenworth.