I found texts on husband's phone from his "mistress". She has a high position as a Marine Officer. I wanted to send a copy of the texts to her Commander, requesting he order her to cease further communication (and is also in violation of UCMJ). However, could this be considered as an invasion of privacy that I could be sued over? If this damages sher career, he may want to even the score even more....Thanks, I'm trying to think this out smartly.
Unless your husband gave you permission to go into his phone, or unless his phone is not password protection, your husband could sue you for invasion of his privacy. You could tell her directly to stop communicating with your husband, and tell her if she doesn't, then you will report her to her commander. And then go from there. The military cares very much about inappropriate relationships and this does have the potential to ruin her career. If your goal is just to end the relationship without ruining her career, then deal with her directly and give her the chance to end it on her own.
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As Confucius once said... when you embark on a journey of revenge, you must dig two graves....are you really sure it is a violation of UCMJ? Adultery cases have three elements one is the break down of good order and discipline. Of course it would damage her career... divorce him and move on or forgive him and move on..
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
Bear in mind, adultery is never the fault of the mistress or lover. Targeting the mistress is like punishing your dog because the cat pooped on the rug. Yes, adultery is hurtful and painful. It is hard to accept, however, adultery results from a failure of commitment by the cheating spouse AND a shortfall of some kind in the marital relationships. As already suggested, you may confront your spouse and assess whether the relationship can and should be salvaged.
The military probably does not care. There was another case like this earlier today. Adultery is a big deal in the military when they want it to be. But keep in mind, the odds are very high, if he did it once, he will do it again. It is only by chance you found out. Now you will have to read a book about how to track him by looking at the cell phone usage report. looking at the Full header on emails to see where the email really came from. And wondering always what he might be bringing home along the biological line. Think long term. Starting over is not all that bad.
Blame the mistress? Satisfying ideation, but it's a false economy its not her---its him. (i.e. your husband). He is the keystone to the issue. Dump the cheater.
FWIW, sending texts to a married man is not a UCMJ violation , nor is it clear the Female Officer is committing adultery (which is what you suggest---is the mistress married too and you want to bring her husband into the matter....?) , and yes your husband might ratchet up the negative relations---would seems to be roughly equivalent to kicking a hornets nest so as to punish your neighbor---might work, but more likely you are going to get stung.
That said--yes, depending on how you accessed the information it could result in charges, but the offense is against your husband (assuming you accessed his phone illegally) and I suspect the matter would be lost among the other divorce issues.
I am sorry this is happening to you and I hope you come out of the matter in a better place.
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