Can a 3rd Party Waiver of Claims also be applicable to UCMJ article 134 for adultery?
The Ex-spouse is open to signing 3rd party waiver for not pursuing allegations of alienation of affection and criminal conversation. However, the allegations are against a current member of the military and unsure if contractual waiver under NC state law would be recognized under UCMJ.
You will need to ask an attorney that regularly practices in issues dealing with the UCMJ regarding waivers in state-level contracts (i.e. separation agreements) and the UCMJ.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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