Ecleynne Mercy's answer There is NO expungement of military court-martial records, even if you are acquitted at trial. Here is a recent case of a person who sought to have his court-martial conviction expunged.
The United States Department of the Navy (Navy) dishonorably discharged Jerome Randolph, the pro se appellant, after a court-martial convicted him for sexual assault and falsifying a statement about that assault. After this discharge, Mr. Randolph repeatedly sought expungement of his court-martial...
Angelina Bradley's answer There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.
Patrick Korody's answer Technically, yes. If you are receiving pay, including retired pay, you can be recalled to active duty to be court-martialed for crimes, including fraternization, that occurred on active duty and are still within the statute of limitations (5 years for Art 92 violations).
Realistically the Secretary of the Army is not going to recall anyone over fraternization allegations.
Regina Irene Edwards' answer I'm not sure what you are asking. You aren't going to get any payments while married. If you are asking if you divorce will you get a portion of his monthly payments, the answer is it depends. It can be considered income for child support purposes.
P. Justin Thrailkill's answer He is entitled to service and the opportunity to object, but if he is not legitimized his objection does not carry the same standing as if he was. Also, this is not an emergency. You need to simply file the petition, and your consent, and let the court schedule a hearing.
Ellaretha Coleman's answer There is no waiting period for divorces in Georgia, so there is no required period of separation before you can file for divorce. Based on your years of marriage, and his years of military service, you may be entitled to a portion of his military retirement. you should consult with a family law attorney to discuss your options.
William Head's answer Never heard of that, since the military does not take children. Plus, the contract for joining the armed services MAY protect the government. Additionally, the concept of sovereign immunity also gives the government protection from being sued.
Robert Donald Gifford II's answer You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).
Patrick Korody's answer This is a state law question - you should go see the base legal assistance office or the base housing office. Generally, you need a letter on official letter head that meets the requirements of state law.
Patrick Korody's answer You need to speak to a lawyer. Hire a civilian if you cannot find a military defense counsel to assist you. You need to have an advocate communicate with your chain of command and/or draft a strong rebuttal statement if you are not eligible for an adsep board.
Philip D. Cave's answer No. You do not have the kind of reason that would warrant an early termination of your contract. Early outs are for hardship, or as another example to go to school if you are within a few months of your EAS.
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