How to Handle a Divorce while Actively Serving in the Military

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“Hello, I am in need of some legal advice with my wife and a divorce. I am an Active Duty Soldier (US Army) and was deployed in Baghdad, Iraq all of 2007. When I was in Iraq my wife committed adultery with another soldier and she became pregnant. In the state of TX I had to stay married to her until the baby was born and since I am in the military I was forced to send her money every month. The child is was born in January and our court date for our No-Fault divorce is on May 16th. She isn’t being cooperative in signing the waver of service (She is in OH so she has to sign the waiver of service) and keeps telling me I have to send her more money. I am an E-4 and I went to JAG and they showed me a chart which said how much I have to send her a month and I have been. Is there anything I can do to protect me during all of this, I just feel helpless and exposed while my wife who committed adultery on me with another soldier I am the one who has to send her my money every month, and she said she wouldn’t help pay for the divorce fee’s. There has to be some law that helps me out through this…or was the law just intended to help out wives that commit adultery?”Unfortunately, because you are in the military, your situation is complicated by the fact that your options are limited by the UCMJ, with which we are not familiar. However, in many states it is the case that a child born during a marriage is legally presumed to be the husband’s child; in addition, spousal support (alimony) is not usually affected by the facts of the marriage or divorce – meaning that a spouse’s infidelity will have little or no bearing on spousal support.

Question: All that said, you need to consult with a family law attorney in Texas, who will be familiar with your rights and obligations under Texas law.