Divorcing In The Military: The 3 Elements Needed To Prove Infidelity

27 August 2015
 Categories: Law, Blog


Americans are a patriotic bunch, with approximately 1.4% of all American females and 13.4% of all American males having served in the military at some time. Those serving in the military are expected to follow certain codes, which prohibit conducts of any nature that discredit the reputation of the armed forces. Infidelity being a major red flag that can lead to the resignation of the guilty individual and a much easier divorce process for the victim. If you or your spouse is serving in the military and you are looking to get a divorce due to infidelity, speak to a divorce attorney immediately. There are 3 elements you need to prove in order to get a divorce on the basis of infidelity. 

Element #1: The Accused Wrongfully Participated in Sexual Intercourse with a Certain Individual 

Proving the first element can be difficult. A court martial requires proof beyond reasonable doubt, which means that the wronged party must have sufficient evidence to back up all claims. More often than not, this involves getting solid evidence like photographs and text message or email correspondence. Witness testimony is also admissible in this situation. Your divorce attorney must compile the evidence in a manner that ensures the guilty party does not have a chance in planting a seed of doubt.

Element #2: The Accused is of Military Personnel

Proving marital status and that the accused is a military personnel should be quite easy; however, getting proper documents to confirm these claims is still crucial. This is where a divorce attorney comes in handy. During this time, you may be grieving and dealing with emotional trauma. Having a divorce attorney by your side will make your situation a lot better, as a professional will be able to get ahold of all the documents needed. This includes your marital certificate, and proof of the accused's rank and history in the military. 

Element #3: The Act Discredits the Integrity or Morale of the Military

For infidelity to be prosecutable by a court martial, this final element is crucial; however, it may also be a difficult element to prove. The infidelity must involve parties that are both somehow involved in the military so that the act will discredit the integrity or the morale of the armed forces. For example, it may involve a military personnel and the spouse of another military personnel or two military personnels. 


Speak with a divorce attorney to determine whether you have sufficient evidence to prove all elements. This is especially true for those residing in army towns and cities, as the divorce process will go over more smoothly and easily. 

For professional legal help, contact a law firm such as Granowitz, White & Weber Attorneys at Law.