how hard is it to prove a contract marriage?

2020-05-30T09:58:04-04:00

I have been told that people in my command/ platoon suspect I am in a sham marriage, with no proof other than them having suspicions and them "knowing" my husband. How hard is it for them to prove this after conducting a 15-6 which did not involve people in my last battalion? (I am a "rehab" transfer due to a SHARP case).

Response by SFC Private RallyPoint Member made May 30 at 2020 10:31 AM

2020-05-30T10:31:32-04:00

There’s no such thing as a sham marriage. If you are married it is a legally binding agreement and there are responsibilities that go with that. For instance, providing financial support for your spouse and fidelity. The Army doesn’t care who you marry or why, only that once you do you conduct yourself as a married person.

Response by Lt Col Jim Coe made May 30 at 2020 10:51 AM

2020-05-30T10:51:25-04:00

If you have a legal marriage document (certificate, contract) from a US government entity, such as a US State or County, then you and your spouse are just that, married. Other people's opinion of your marriage isn't your problem. It's you and your spouse's responsibility to make the marriage work for you both. If you are having problems with the marriage relationship, I encourage you to seek counseling through the Chaplain, mental health clinic, or a civilian source.

I highly recommend Christian counseling, but this may not fit with your beliefs. My wife and I went through a difficult time at about the 10 year mark. We received good counseling and decided to work it out. We've now been married almost 55 years.

Response by LT Brad McInnis made May 30 at 2020 12:32 PM

2020-05-30T12:32:10-04:00

I never once questioned one of my sailor's marriages. If they had the paperwork, that is all that mattered to me. I do not understand all of the Army things you are talking about, but my advice is this: go talk to the JAG and the Chaplains (not for religious advice, but they have practical advice on how to deal with these situations as they have seen them over and over). If your command is hassling you over this, the IG may need to be involved, but go to the JAG and Chaps first.

Response by SSG George Holtje made May 30 at 2020 2:33 PM

2020-05-30T14:33:33-04:00

I know it’s almost impossible to prove adultery unless the suspects are caught in the act. I imagine it would be even harder to prove a married couple is NOT doing what married people do, being that you can’t prove a negative.
My thought on this is are they going out of their way to pin something on you because of your previous issues
A rehab transfer is supposed to be a clean slate.

Response by SFC Kelly Fuerhoff made May 30 at 2020 4:26 PM

2020-05-30T16:26:59-04:00

Are you SPC Harrison or are you her husband? I'm confused by your screen name...if you are the husband just make your own profile.

If it's not a sham marriage, it's not. If it is, it is. If I was you I would not be posting this on a public forum especially if you have an active incident relating to SHARP.

Response by LTC Jason Mackay made Jun 1 at 2020 2:06 PM

2020-06-01T14:06:13-04:00

SPC(P) Private RallyPoint Member What ever documents you used to enroll your husband in DEERS or support of the 4187 for name change should be sufficient to show you are married. As far as a "sham" marriage, not sure what they are trying to show. If you are not conducting yourself as a married person, then that is something different. I am fuzzy on your original post: did your last Battalion investigate your marital status? And what was that finding?

As I re-read the original post, who cares if your Platoon thinks you are in a sham marriage or not? Has the Company Commander or Battalion Commander requested a 15-6 investigation or an informal investigation? Have you been questioned by an IO and asked to make a sworn statement? It is not unheard of for people to enter into a contract or proxy marriage. Do they appear fishy? Yes. Is it a legal instrument of recognized marriage? Sure. I have seen people use this as a barracks exit tool and BAH collection device followed by an annulment. I have also seen people use them as a means to secure their relationship status for assignments and benefits until they could enter Into a formal ceremony of their choosing and timing with family and friends.

Do service members marry and live apart? Everyday, for a variety of reasons ranging from economic to assignment/career progression to medical and everything in between. Are they any less married? Depends on what they do in the situation.

What could the chain of command look at? Just about anything...
- BAH fraud
- Fraudulently drawing benefits, like claiming a beneficiary for TRICARE illicitly.
- Adultery: real or perceived
- Fraternization: real or perceived
- looking at soldiers without their spouses to see if they are suffering mentally from this.
- your spouse's conduct if you are dual military.
- reaction to misinterpreted or overt statements that the marriage is anything less than genuine, by one or both of you.