Military regulations can also be found in the Code of Federal Regulations and its companion publication, the Federal Register. However, the Code and the Register are not complete sources for military regulations, and a specific regulation can be difficult to track down in those publications.Military regulations pose two important problems for the Library of Congress and other libraries.
Due to the fact that many do not want to even touch this subject, here at Part Time Commander we are going to provide some basics on what you should know about these policies.
The fact is: what you do not know could harm you and your United States Army career.
Despite all this, our depository collection of Army Regulations is still very incomplete and spotty.
We have in the Serial and Government Publications Division all the Army Regulations which the Government Printing Office has sent out to depository libraries since 1993, which is the earliest year the Library keeps it's full depository collection.
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.
The “explanation” portion of Article 134 identifies several considerations military commanders should consider in determining whether an act of sexual intercourse could satisfy the third and final element of adultery under the UCMJ, including whether the Soldier or their sexual partner was “legally separated.” When people refer to being “legally separated,” they generally mean one of two distinct legal situations " either they have signed a formal separation agreement with their spouse or that a state court has issued an order of separation.
A formal separation agreement is essentially a written contract between a husband and wife resolving the significant legal issues between them involving property, debt, support, child custody, etc.
Fort Gordon, Georgia -- 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?