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A court-martial held that I became married under military law as the result of a mock wedding ceremony (the record shows the civilian marriage requirements were not met, nor did the Air Force follow the requirements to use foreign law--the mock ceremony was overseas before applying for a fiancee visa). Since I did not consent to an actual marriage, it is a forced marriage, which other US agencies claim is human rights abuse that the United States opposes.
Posted >1 y ago
Responses: 10
MSG (Join to see)
Waiting with popcorn. This has to be one of the strangest cases I've ever heard of.
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If I understand you correctly, the AF chaplain married you overseas but didn't do the proper application for that country? Well then, you aren't married and there is no anullment. The military doesn't have the authority to license marriages. Even if a priest in the US conducts a ceremony without the couple obtaining a marriage license, it is not a legitimate marriage.
It sounds like you failed to apply for a marriage license in the country you were in, it's not the chaplain's responsibility to do that part.
It sounds like you failed to apply for a marriage license in the country you were in, it's not the chaplain's responsibility to do that part.
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Capt David Hoffman
The first was state-side, but not filed by the minister. The second was a mock ceremony for the fiancee's family before obtaining a fiancee visa to bring her to the US; no license was obtained, nor were numerous other requirements of that country complied with. I believe that to justify the extensive illegal investigation, the Air Force covered it up with a kangaroo court-martial.
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SFC (Join to see)
Capt David Hoffman ministers aren't responsible to file for marriage licenses. There's no such thing as a military marriage. You or I have just as much authority to conduct a wedding as a chaplain.
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.... You say an actual court-martial reached the verdict that you are married under "military law"?
Sounds like you need to find a real lawyer ASAP.
Sounds like you need to find a real lawyer ASAP.
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Capt David Hoffman
I believe by "real" lawyer, you mean not a military defense attorney; that's who told me this was because military law is different from civilian law.
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ok what was the sentence handed down by the board in the case? what chapter where the charges under and appeal now
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Why were you court-martialed in the first place? How could you be forced into marriage? What country did this happen in?
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Capt David Hoffman
It started as a cocaine trafficking investigation due to national origin (my fiancee was from Colombia). Finding no drugs, I was charged with bigamy and using a common law name as true (like most married women do--it had been accepted by the Air Force since I applied). It was claimed that it was based on military law being different than civilian. When I found that one of the members (married female) was using a common law name, I was told that women would not be investigated for that.
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What evidence did the Prosecution use to prove their case of bigamy and win that conviction?
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Capt David Hoffman
For the first marriage (which I actually attempted, but the Air Force admitted was not filed as required by law), the length of time I lived as married (a common law marriage state was not involved). I have questions about the first as well, especially after I was told (after the conviction) that it was not binding on a civilian. For the second, the only fact needed was the mock ceremony.
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A court martial would not hold that you were married under military law. As an element of a particular charge the Government might of had to prove you were married (bigamy and adultery) or not married (falsification of some type of document where you had indicated that your were married and were not). In either case it seems the Government would have the burden of proof those marriage(s) were legal under the jurisdiction where you were allegedly married. So if you are considered legally married by a foreign jurisdiction, you should be able to get divorced in the United States by contacting a local family practice attorney. If you are looking for an annulment (which basically voids the marriage), that may need to be done in the jurisdiction where the marriage took place. Again you need to start with a family practice attorney (hopefully one with some knowledge of international law.)
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Capt David Hoffman
You are right in that the marriage was to convict me of bigamy, but there was no marriage under civilian law; the defense attorney stated it was due to differences between civilian and military law.
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Capt David Hoffman
I wanted to do an annulment where it happened, but the Air Force Office of Special Investigations refuses to release my passport, which shows I did not have the required marriage visa (but other requirements are available, such as proof that the photocopied birth certificate provide for the church counseling did not meet the legal requirements, not to mention the lack of consent).
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MSG Gary Eckert
As you are probably aware, once you are detailed to a CM panel you may sit on several CMs. In Germany, I probably sat on 14 or 15 Special and General CMs; although, none of them dealt with bigamy, I can speak in generalization about what evidence the Government needs and for Bigamy it seems they would have needed some type of proof you had been married twice without getting the first marriage terminated through either Divorce, Annulment or death. This proof could have come from either documentation such as marriage licenses or the testimony for one or both spouses. The proof might have been lesser if you were convicted of Conduct Unbecoming an Officer which could be subjective. The other type of proof would be if you stipulated to the facts. Are you sure instead of military law, the defense lawyer was not talking common law. In some states you are legally married under common law by simply stating you are married. This is known as a common law marriage and in some states you need a formal divorce to terminate that type of marriage.
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Capt David Hoffman
It was stipulated, while I was drugged (called treatment), but still based on military law, since that was what I was informed, the evidence showed the requirements for a marriage in Colombia were not even attempted, and the Air Force did not follow the requirements to use foreign law (i.e., notify me in writing of the law used, which would only have shown the evidence did not meet the requirements). I was only a Missouri and Florida resident since becoming an adult; Missouri abrogated common law marriages in 1926 and Florida in 1969, so that is not a possibility.
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This seems very strange based on your description sir. Can you elaborate any further? How/why where you involved in a "mock" wedding ceremony that became official? Regardless, if this is what you claim, I am assuming you have already consulted with JAG?
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Capt David Hoffman
The mock ceremony was for the local family prior to returning to the States to apply for a fiancee visa. I'm sure I have heard of other people doing this, but maybe they weren't in the military.
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CW3 (Join to see)
Capt David Hoffman - And you are saying the military is now saying you are married? Pretty sure there are some forms you need to fill out to make it "legal" in conjunction with just participating in a ceremony.
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