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19-Mar-2018 15:10

It’s defined in the law as “the voluntary sexual intercourse of a married man or woman with a person other than the offender’s wife or husband.” If you or your spouse have committed adultery, you and your spouse can tell the judge about it and obtain a divorce which specifies that adultery occurred.

While being legally separated weighs into whether a sexual relationship violates Article 134, it is not the only consideration.

Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember.

Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline.

Adultery is a rather difficult and ugly process to prove in a military court of law.

In most state's civilian court, this act is not illegal, but in some states it is a Class B Misdemeanor.

Given the ambiguity of the terms laid out by the Uniform Code of Military Justice (UCMJ), there is always be the potential for criminal liability and the only 100 percent safe course of action is to wait until a court has granted you a divorce before undertaking a sexual relationship.