The first two elements of adultery under the UCMJ are fairly straightforward and shouldn’t require further explanation.

The third and final element is where our simple question starts to become complicated.

but she had her own apartment) and we knew from when we met that it was different.

Fort Gordon, Georgia -- Almost every week at the Legal Assistance Divorce & Separation Briefing, we receive the question, “If I am legally separated and start dating, can I get in trouble in the military for adultery?

” Since the formal legal process of divorce can last months (or sometimes years), this question raises an important concern for anyone in uniform who is pending a divorce.

My friends are still (months later) telling me that I need to watch out and that I cannot possibly be the one for him since we met right out of the gate.

The thing is this: We are both in our early 30’s…I have never been married, he was married for 5 years, together for 10.

What you have to keep in mind is that separated is still married until the divorce is finalised and that means that there’s likely to be emotional as well as legal ties.

It would be handy if we could avoid the vulnerability that comes with doing the due diligence and taking appropriate action where needed.

A date of legal separation can be established via different means.

Perhaps the most definitive method of establishing a date of separation in Pennsylvania is to file a divorce complaint.

In order to establish a date of separation, a party’s conduct should clearly indicate an intention to separate from their spouse emotionally and financially.