Military Law Questions & Answers by State

Military Law Questions & Answers

Q: I want to see if I can get extra time with my son. I had to move due to military, and I am in a different state.

1 Answer | Asked in Family Law and Military Law for Utah on
Answered on Feb 20, 2017

You should contact a family law attorney in the jurisdiction that has control over the timesharing agreement to seek a modification based on changed circumstances.
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Q: What recourse do I have if someone stole my veterans medical documents and DD214 and gave them to an attorney?

1 Answer | Asked in Family Law, Libel & Slander, Military Law and Personal Injury for Massachusetts on
Answered on Feb 19, 2017

I assume it's a domestic matter. Take it up with your attorney. He can file a motion in limine.
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Q: Will the Army recognize a new marriage if you get divorced and if so do they have a waiting period?

1 Answer | Asked in Divorce, Family Law and Military Law for Georgia on
Answered on Feb 13, 2017

There is no waiting period - you do, however, have to provide proof of the divorce in a timely fashion to your personnel folks so that they can adjust the dependents.

On another note, quick marriages often raise suspicions by military chains of command.
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Q: What is the charge if you know someone is subletting in base housing?

1 Answer | Asked in Criminal Law, Federal Crimes, Landlord - Tenant and Military Law for Washington on
Answered on Feb 13, 2017

There may not be a charge at all, depending on the circumstances. It's probably privatized housing based on a lease. Violating a lease is not normally a criminal offense, even in the military.
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Q: married in Az to military member station in Ca. We have a child. I want to leave him and move back to Az...

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for California on
Answered on Feb 12, 2017

You can file for divorce and custody in CA if you've established residency here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: While away from base ammunition was stolen my friend who's in charge has been placed under house arrest and been told to

1 Answer | Asked in Military Law on
Answered on Feb 9, 2017

It is unclear that who has been told to pay. You or the friend?
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Q: I received a Ticket on a Military base in Texas. My DL from CA will it go on my record if so can I go to traffic school

1 Answer | Asked in Military Law and Traffic Tickets for California on
Answered on Feb 8, 2017

If it is a federal ticket, yes it will carry points. Generally you can go to magistrate's court and resolve the ticket under state law. I am not aware of the options to avoid points under Texas law.
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Q: Can a Colonel ignore a soldiers doctors orders?

1 Answer | Asked in Personal Injury and Military Law for Kansas on
Answered on Feb 7, 2017

The Colonel isn't "delaying" he is "deliberating." You know how the army works--he needs to get with either a lt or captain that maybe can nudge the adjutant to put the papers under the colonel's nose. Legal way for an enlisted guy to give the bird to a bird? Not in the next few millenia! Maybe in the Finnish Army but that's about it!
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Q: Wouldn't it be fine under the Romeo and Juliet law? If i did get pregnant at 16 by someone 18 who's in the army?

1 Answer | Asked in Criminal Law, Education Law and Military Law for Texas on
Answered on Feb 7, 2017

The age of consent under the UCMJ is 16 years old. However, state law would also apply.
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Q: will a not showing up to drill because of a medical reason give you a dishonorable discharge?

1 Answer | Asked in Employment Law and Military Law for Nevada on
Answered on Feb 6, 2017

You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.
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Q: Hi Ive been recommended to get chaptered out of the army with a chapter 14 and I'm in ait but I do not want to leave

1 Answer | Asked in Military Law for Georgia on
Answered on Feb 6, 2017

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.
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Q: My husband received a discharge "under other than honorable conditions" out of the army reserve.

1 Answer | Asked in Military Law for Illinois on
Answered on Feb 6, 2017

A lawyer will be able to identify any procedural issues with the discharge, which are generally the most successful arguments at a discharge review board/board of corrections. If he received an OTH, he was board eligible and should not have a waived his right to a board. If they did not offer him a board, his discharge should be upgraded and/or he should be reinstated.
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Q: My sons wife continues to bring Marijuana on base to their home even after being told by him not to.

1 Answer | Asked in Military Law for Washington on
Answered on Feb 6, 2017

You son should go see the defense counsel JAGs at the Defense Service Office, Naval Base Bremerton.
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Q: Can I sign up for the National Guard or Marines if am a student/immigrant?

1 Answer | Asked in Employment Law, Immigration Law and Military Law for Indiana on
Answered on Feb 6, 2017

If you have a green card, you can enlist and obtain citizenship almost immediately. If do not have a green card, you may still be able to enlist via the MAVNI program. http://www.goarmy.com/benefits/additional-incentives/mavni.html
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Q: Would a military divorce be filed in a regular court or military one?

2 Answers | Asked in Military Law for California on
Answered on Feb 3, 2017

You can file for divorce in Family Law court even if you're married to a soldier or are yourself a soldier. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute...
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Q: 1. would a military officer be in violation of military clearance laws should they have contact/paid by foreign govt.

1 Answer | Asked in Military Law for District of Columbia on
Answered on Feb 3, 2017

This would certainly trigger a suspension of a security clearance and investigation by military authorities. There are numerous federal laws and UCMJ articles that can be applied to espionage cases.
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Q: I'm in the Army and just got a divorce. When am I allowed to get married again? Is there a military law covering this?

1 Answer | Asked in Divorce, Gov & Administrative Law and Military Law for Washington on
Answered on Feb 3, 2017

No wait time. You can get married immediately. You just have to make sure your personnel folks are kept in the loop about the divorce and remarriage. Problems arise if the military thinks you are married to two people at the same time.
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Q: Does a person facing a court-martial have the right to an attorney?

1 Answer | Asked in Military Law for Texas on
Answered on Feb 3, 2017

The military will provide a JAG at no charge for a special or general court-martial. You also have the right to hire a civilian counsel at your own expense. Normally, the JAG stays as well, so you have two lawyers working on your case.
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Q: Active duty military , please help .

1 Answer | Asked in Military Law for Louisiana on
Answered on Feb 3, 2017

Medical separations and separations due to mental health issues must be initiated by the provider. The first step would be to place you on LIMDU or a Profile.
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Q: i have a bad conduct discharge though a general courts martial 128 agg assault my charges dont apperar on record

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Massachusetts on
Answered on Feb 3, 2017

If convicted of an Art 128 Aggravated Assault at a general court-martial, absolutely. However, it may be that the results of your trial were not entered into the correct database.
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