How do I get a military marriage voided?

Capt David Hoffman — Thu, 30 May 2019 07:49:16 -0400

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.

Response by CW3 Private RallyPoint Member made May 30 at 2019 8:47 AM

CW3 Private RallyPoint Member — Thu, 30 May 2019 08:47:16 -0400

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?

Response by SFC Private RallyPoint Member made May 30 at 2019 8:57 AM

SFC Private RallyPoint Member — Thu, 30 May 2019 08:57:33 -0400

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.

Response by LTC Jason Mackay made May 30 at 2019 10:11 AM

LTC Jason Mackay — Thu, 30 May 2019 10:11:42 -0400

You need to get an attorney.

Response by SSG Carlos Madden made May 30 at 2019 10:13 AM

SSG Carlos Madden — Thu, 30 May 2019 10:13:40 -0400

Well this is a first. Following b/c I'm downright curious.

Response by SGT Nicholas M. made May 30 at 2019 10:51 AM

SGT Nicholas M. — Thu, 30 May 2019 10:51:50 -0400

.... 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.

Response by MSG Gary Eckert made May 30 at 2019 11:05 AM

MSG Gary Eckert — Thu, 30 May 2019 11:05:41 -0400

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.)

Response by MSG Private RallyPoint Member made May 30 at 2019 11:55 AM

MSG Private RallyPoint Member — Thu, 30 May 2019 11:55:13 -0400

What evidence did the Prosecution use to prove their case of bigamy and win that conviction?

Response by TSgt James Potter made May 30 at 2019 1:44 PM

TSgt James Potter — Thu, 30 May 2019 13:44:24 -0400

Why were you court-martialed in the first place? How could you be forced into marriage? What country did this happen in?

Response by MAJ Ken Landgren made May 30 at 2019 3:23 PM

MAJ Ken Landgren — Thu, 30 May 2019 15:23:24 -0400

Are they saying it is a common law marriage? Did you act in a husband like manner? Did you gain any benefit for this relationship?

Response by CW4 Scott Hyde made May 31 at 2019 7:08 AM

CW4 Scott Hyde — Fri, 31 May 2019 07:08:34 -0400

You came to the right place for legal advice!

Response by SSG Eddie Helmling made May 31 at 2019 9:37 AM

SSG Eddie Helmling — Fri, 31 May 2019 09:37:52 -0400

ok what was the sentence handed down by the board in the case? what chapter where the charges under and appeal now