Military Law Questions & Answers by State

Military Law Questions & Answers

Q: How can I force my ex spouse to appear in court?

1 Answer | Asked in Divorce, Real Estate Law, Child Custody and Military Law for Georgia on
Answered on Apr 28, 2017

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).
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Q: My boyfriend is in the military he is 19 and im 16 is it legal for us to have sex

1 Answer | Asked in Military Law and Criminal Law for California on
Answered on Apr 27, 2017

Sex with a minor is statutory rape.

See: http://www.aeesq.com/criminal-defense-lawyer/sex-crimes/

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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Are there any pro bono lawyers with military experience who can calculation retirement percentage?

1 Answer | Asked in Divorce and Military Law for Texas on
Answered on Apr 20, 2017

Many state bar associations do have a program dedicated to pro bono (or low cost) assistance to servicemembers and veterans. I do believe that Texas does have such a program. Please go to the Texas State Bar Associations website for further information. In addition, if you are eligible, you can also consult with a Judge Advocate in Legal Assistance/Client Services.
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Q: I have orders to leave the 21st and I got a recommendation for ucmj. Will they take my orders away from me?

1 Answer | Asked in Military Law for Virginia on
Answered on Apr 20, 2017

It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.
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Q: Am I eligible for Readmission to my University after serving in the Army 1y?

1 Answer | Asked in Employment Law, Education Law and Military Law for California on
Answered on Apr 14, 2017

Review the school readmission rules with a lawyer, as you may have failed out of the school with that GPA.

See: http://www.aeesq.com/education-lawyer/education-law/

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, www.AEesq.com. I practice law in CA,...
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Q: What are my benefits as a spouse of my husband of the military army branch incarcerated for many years with a child

1 Answer | Asked in Child Support, Divorce and Military Law for Pennsylvania on
Answered on Apr 3, 2017

If he is incarcerated with the military, you have likely lost any pay and benefits.
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Q: How long does a Chapter 5-17 with more than 180 days in basic training take to be complete after sending the packet off?

1 Answer | Asked in Employment Law, Personal Injury and Military Law for Georgia on
Answered on Apr 3, 2017

Two weeks would be on the quicker end of things, but 4-6 weeks is pretty normal with all of the reviews it has to go through.
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Q: Can the military ignore doctors notes?

1 Answer | Asked in Military Law for Wyoming on
Answered on Apr 3, 2017

The ugly answer is "yes." Just like single-parent servicemembers have to have a childcare plan to take care of kids in the event of mobilization/deployment, the same concept applies here. The best advice is to work this through your chain of command and build support from the bottom up. Come up with a work plan - a way to possibly reschedule or do equivalent drill weekend work (RST). You could file a complaint with the IG or exercise your Commander's "open door policy," but your safer and...
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Q: For a DUI do you go to civilian court?

1 Answer | Asked in Military Law for California on
Answered on Mar 31, 2017

Generally, yes. While a DUI could be the subject of an Article 15 or even a courts-martial - the military will generally defer to the civilian court system. If the DUI is off-base you will go to either the state or municipal court. If the DUI was on base, it will go to the federal court before a magistrate judge. Should you plead or be found guilty, you will likely receive Letter of Reprimand, a Negative counseling, and be required to attend some form of alcohol assessment or classes....
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Q: Can I quit delayed entry program for army?

1 Answer | Asked in Military Law for California on
Answered on Mar 25, 2017

I assume you have not received any sort of bonus yet. They will generally push you and tell you that you could be in trouble, but in 21 years of service I have never seen anyone do anything. Once you get on that bus and show up, you are on the hook. Before you decide to not show up, I would recommend that you meet with an attorney that has a background in military law just to cover all of your bases. It may be worth the small investment to hire an attorney to contact the Recruiting Command...
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Q: Can tax problems from before you were in the military affect your standing in the service?

1 Answer | Asked in Military Law for Texas on
Answered on Mar 24, 2017

Most of the "jobs" (your MOS) in the military will require some level of security clearance. You will be required to fill out the SF-86 and it will ask questions regarding financial issues. It would have to be pretty severe for it to prevent you from receiving a security clearance, but most importantly you should be candid on the SF-86. Failing to provide complete and truthful information will only create more problems for you later.
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Q: What happens when one military is replaced with a new law? Which law is binding in my compensation claim ?

1 Answer | Asked in Military Law for New York on
Answered on Mar 23, 2017

The answer is as follows:

"The law that was in place at the time the cause of action arose shall be binding, even if said law was modified or overturned during the course of the lawsuit." (the public/legislative policy behind this is that one should not be held responsible for laws allegedly broken that were not even in existence at the time the act "breaking them" occurred.

That said, I would contact a good appeals / constitutional lawyer.

So again, the old law...
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Q: My military ex boyfriend hurt me and left me on a street, what's gonna happen to him if i report it?

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Military Law on
Answered on Mar 22, 2017

Depending on the facts and nature of what he did to you, and it sounds like you mean it to be a physical assault of some sorts - if there is a police report, he could be charged in state court of some form of domestic abuse or assault and battery. A state conviction on a domestic abuse would trigger the Lautenberg Act and he would be prohibited from possessing a firearm - even in the military - and he would not be able to carry a firearm/qualify on the range, and could be put out of the...
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Q: I am currently in the USMC but my residency is Indiana. Can I file for divorce in Indiana even tho I'm stationed in NC?

1 Answer | Asked in Divorce and Military Law for Indiana on
Answered on Mar 21, 2017

If you maintained your residency under the Servicemembers Civil Relief Act, then yes. By that, I am assuming you kept that residence for the purposes of taxes (look at your LES to see where your state taxes are going), kept an Indiana DL, and Indiana plates on your car are all indicators you remain a resident there - so yes you can. The question becomes "why" would you want to do so if you are not living there.
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Q: Do you think I'll be getting chaptered?

1 Answer | Asked in Criminal Law, DUI / DWI and Military Law for District of Columbia on
Answered on Mar 21, 2017

With your youth, relative newness to the Army, and rank - you can expect a harsh Article 15 punishment. Being chaptered is possible, but my experience has been that the Army has invested time and money in you and hopefully they see this as something that's in the past. You need to soldier on smartly, no issues, show up early, stay late, and be seen with the crowd that's good for you. All eyes are on you, so you need to put this behind you if you want to stay in. Losing an Honorable...
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Q: Military disqualifications against minor juvenile records?

1 Answer | Asked in Juvenile Law and Military Law on
Answered on Mar 17, 2017

You need to understand that there is no right to serve in the military, and when the military trains a recruit, they spend tens of thousands of taxpayer dollars. The recruiting standards exist based on probabilities as to who will have and not have problems conforming, serving, and meeting the physical and mental demands of military service. The military is not concerned about how the diagnosis was reached - just that there was a diagnosis.

Most of those who enlist in the military are...
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Q: I am getting a chapter 5-17 which warrants either a honerable or general discharge. I am receiving a general discharge.

1 Answer | Asked in Military Law for North Carolina on
Answered on Mar 16, 2017

Your question is a bit confusing. If you fail to disclose a preexisting medical condition that you knew about, that would be fraudulent enlistment (misconduct). If you did not know about the medical condition but it was discovered soon after your enlistment and existed prior to your enlistment you should receive a Honorable. If you fraudulently enlisted, a General discharge would likely be warranted.

You need to discuss your specific situation with a military law attorney or JAG...
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Q: I am in the Military and have used the SSCRA in my past deployments for many of my Creditors. I am having such a

1 Answer | Asked in Military Law for Virginia on
Answered on Mar 14, 2017

If you are on active duty, you are entitled to military legal assistance services. Go see the base legal assistance office to review your case. If you are entitled to the reduced rate, the base legal office will draft a letter on your behalf.
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Q: I've read that the military can sanction my husband and even sever his service for non-payment of support

2 Answers | Asked in Military Law for Texas on
Answered on Mar 14, 2017

Generally your assertion is correct; however, civil support orders are the most sure way to get paid support during a separation or divorce. Each service has its own rules regarding support to dependents.
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Q: Can you be charged with adultry when having sex with other soilders wife , but was found innocent on rape charges.

1 Answer | Asked in Federal Crimes and Military Law on
Answered on Mar 14, 2017

Absolutely. The consequences vary - sometimes adultery (a violation of Article 134, UCMJ) is dealt with at Article 15 or through a counseling. Sometimes it is dealt with at court-marital. I imagine your husband has an attorney - it is best he speaks with that attorney. If he doesn't have an attorney, he should get one.
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