Secrecy If the separated man is concerned that a new relationship might inflame the other partner’s decision, he may choose to keep that new relationship quiet.
Due to the inherently ambiguous nature of these various considerations, there will always be the potential for criminal liability under the UCMJ or exposure to adverse administrative action when a Soldier undertakes a new sexual relationship while still married, regardless of whether they are "legally separated." The only 100 percent safe course of action under the UCMJ is to wait until a state court has granted you a final decree of divorce, thereby making you "single" again.
While the above information provides a general framework for examining our original question, every situation is unique.
(July 13, 2011) -- 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.
What that means in a three-way relationship is that each day is securely connected.