A military career can be challenging in many ways, including how it affects a marriage.

Noting this, it is unfortunately not uncommon for divorce attorneys to be contacted by spouses seeking divorce due to adultery committed by or suspected of their enlisted spouse.

What many enlisted military members may not realize is that there is a higher standard applied to adultery committed while in the military.

In fact, divorce lawyers even find that adultery in military marriages can lead to criminal charges against the military member.

Learn more about contacting a divorce law firm when adultery affects a military marriage and how they differ from standard civilian marriages.

Military Members More Accountable In Terms of Marriage

When people join the United States military, they do so agreeing to hold themselves to a higher moral standard by following the Uniform Code of Military Justice or UCMJ.

One of the specific rules documented in this code is Article 134, which makes adultery known in the code as extramarital sexual conduct a criminal offense.

As this code is understood by the military and divorce attorneys, adultery between an active military member and someone who is not their spouse is a punishable crime, as this behavior is thought to discredit the reputation of the military and undermine its authority.

Based on this classification as a criminal offense, divorce lawyers must also approach military divorces somewhat differently than they would a civilian divorce.

What Punishment Does Adultery In A Military Marriage Bring?

Since adultery is considered a criminal offense for military members, they stand to lose more than just their marriage if a civilian spouse hires a divorce law firm to represent them.

Members convicted of adultery can see their military rank reduced, receive administrative disciplinary action, face administrative separation from the military, or have part of their pay forfeited.

In more serious cases, divorce attorneys have seen military members convicted of extramarital sexual conduct receiving a dishonorable discharge, forfeiting all military pay, and even facing confinement for up to one year.

They may also face additional repercussions in a Texas divorce court, as adultery is one of the grounds for fault-based divorces.

What Are Some Defenses For Accusations of Adultery?

Accusations of adultery in a military marriage can become complicated when enlisted members claim defenses that could significantly affect their cases.

One such defense is that of legal separation, in which they believed they were legally separated from their civilian spouse when the adultery occurred.

To prove the validity of this defense, divorce lawyers must be able to confirm that both spouses were knowingly and legally separated, which can be challenging if one spouse disagrees.

Another more challenging defense that could be valid is that of Mistake of Fact, which suggests the accused believed themselves to not be married at the time they engaged in sexual relations with someone else.

Regardless of what defense an accused military member may have, the situation requires the involvement of a divorce law firm that is experienced with military divorces and has a thorough knowledge of the criminal element involved when military members commit adultery.

Adultery In A Military Marriage Needs An Experienced Divorce Lawyer

Adultery in military marriages is a serious moral offense that goes beyond that of a civil divorce, as it is considered a criminal act.

When a military member is accused of adultery or are the spouse of an adulterer, they need the expertise of a divorce attorney experienced with military divorces.

Military members or their spouses can contact an experienced divorce law firm about accusations of adultery to receive the legal guidance they need.