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Can I move in with a Soldier who is going through a divorce?

If I live in the barrack can I move in with a Soldier who lives on post and is pending a divorce?

A couple questions come to mind right away.

Are you the same sex and just friends?  If the answer is yes, then the Soldier needs to check his housing contract about having permanent guests living in the quarters with them.  From my experience, there is a clause in most housing contracts that prevents this.  There are exceptions for family members visiting for a lengthy period of time.  From a UCMJ standpoint, there is nothing wrong with this.  However, you would still be required to maintain your room in the barracks.

If you are not the same sex I would highly discourage this idea.  Assuming that you are not romantically involved, the fact that you are living there could present a perception of an inappropriate relationship regardless of your ranks.

If you are romantically involved, then you and the Soldier should be aware, that you both could potentially be charged with adultery under the UCMJ.  Even though the Soldier is going through a divorce, it is still a violation of Article 134, UCMJ for that Soldier to have sexual relations with anyone who is not their spouse.  Also, a single Soldier who has sexual relations with another person while knowing that person is married can be charged with adultery. Stay away from this situation until the Soldier’s divorce is finalized.

I hope this helps.

Disclaimer: I am not an attorney and any views presented are my own and are not to be
interpreted as legal advice. Furthermore, my views do not necessarily
represent the views of DoD or its Components.

posted on 06/21/2012 under Q&A
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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

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