Best Military Divorce Lawyers in Aurora

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Law Office of Clyde Guilamo, LLC
Aurora, United States

Founded in 2017
English
Law Office of Clyde Guilamo, LLC is a Chicago based trial law firm specializing in criminal defense and family law matters. Led by Clyde Guilamo, a former prosecutor with more than a decade of courtroom experience and over 100 trials, the firm provides aggressive, results oriented representation...
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1. About Military Divorce Law in Aurora, United States

Aurora residents facing divorce with a military connection navigate both state family law and federal protections. In Colorado, dissolution of marriage, property division, spousal maintenance and child custody are generally governed by state statutes. When either spouse is on active duty, the Servicemembers Civil Relief Act provides temporary protections in civil actions, including divorce cases.

Deployment, relocations, or assignments to military bases such as Buckley Space Force Base near Aurora can affect service, court timing and enforcement of orders. Because military life often involves mobility and irregular contact with the court system, careful planning with a qualified attorney helps ensure rights are protected and that orders stay workable for all parties.

Colorado courts recognize the unique needs of service members and may apply special rules to preserve custody or support arrangements during deployment. An Aurora attorney with military divorce experience can help you navigate these complexities and coordinate with relevant federal protections where applicable.

2. Why You May Need a Lawyer

In Aurora, military divorce cases often involve complex protections and cross jurisdiction issues. The following real-world scenarios illustrate when legal counsel is especially important.

  • Deployment abroad during a divorce filing A service member is deployed overseas and cannot respond to a petition in a timely manner. An attorney can request relief under SCRA and help extend deadlines or delay proceedings as needed.
  • Custody disputes tied to military moves A parent is reassigned to another state or country, complicating custody and visitation schedules. A lawyer can seek stable interim orders and plan for long-term custody arrangements that account for relocation and deployment cycles.
  • Division of military retirement benefits Divorce must address military pension and survivor benefit plans. An attorney can evaluate the service member's retirement components and coordinate with DFAS and military benefits counsel to protect your rights.
  • Maintenance challenges with deployed income Base pay and special compensation affect alimony calculations. A legal counsel can ensure maintenance orders reflect military pay structures and deployment fluctuations.
  • Interstate enforcement of child support A service member stationed out of state requires cross-border enforcement. A lawyer can use UIFSA procedures to secure stable support and wage withholding.

3. Local Laws Overview

Below are 2-3 key laws and regulations named for governing Military Divorce in Aurora. Always verify current text on official sources for any changes.

  • Servicemembers Civil Relief Act (SCRA) - 50 U.S.C. App. § 501 et seq. This federal act provides protections for service members in civil actions, including divorce, during active duty or specific circumstances. It can pause or adjust deadlines and allow temporary relief from certain obligations. U.S. Department of Justice - SCRA
  • Colorado Uniform Dissolution of Marriage Act (UDMA) Colorado law governing no-fault dissolution, property division and related relief. The act is implemented within Colorado Revised Statutes and governs how a divorce proceeds in the state, including adjustments for deployed service members. See Colorado General Assembly materials for the statute context. Colorado General Assembly
  • Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Determines which state has jurisdiction over child custody and how interstate custody orders are enforced, including cases involving military moves or deployments. Colorado applies UCCJEA rules as part of its family law framework. For official guidance, consult the Colorado Judicial Branch and Colorado General Assembly resources. Colorado Judicial BranchColorado General Assembly
The Servicemembers Civil Relief Act provides protections to service members that may affect civil actions, including divorce, while on active duty.

4. Frequently Asked Questions

What is the purpose of SCRA in military divorces?

SCRA provides temporary protections for service members in civil actions, including defense against default judgments and stay of proceedings when deployed. It helps ensure fair treatment while service members fulfill obligations to the military.

How long does a typical Colorado divorce take in Aurora?

Divorce timelines vary by complexity. A simple, uncontested divorce can take a few months, while contested cases with custody and property issues may extend toward a year or more depending on court availability and cooperation between spouses.

Do I need a Colorado attorney for a military divorce?

Yes. A local attorney familiar with Colorado family law and military protections helps protect your rights, interpret SCRA relief, and navigate custody, support, and pension issues.

Can deployment affect service of divorce papers?

Yes. Deployment can delay service of process. An attorney can request relief under SCRA or adjust timelines with the court to ensure proper notice is provided.

Should I involve the DFAS or military benefits offices?

Involving military benefits offices can be important for retirement, survivor benefits, and carryover of entitlements. An attorney can coordinate with these offices to ensure accurate information and timing.

Is child custody affected if I am stationed out of state?

Jurisdiction and custody arrangements are guided by UCCJEA rules. The court considers where the child resides and military moves, and may modify orders to reflect deployments or relocations.

What is the difference between maintenance and spousal support in Colorado?

Maintenance (alimony) is ordered based on factors like income, duration of marriage, and standard of living. Colorado uses guidelines that may be adjusted for military pay and deployment conditions.

Do I need to present military retirement considerations in property division?

Yes. Military retirement pay and survivor benefits may be divisible or protected under certain conditions. A lawyer helps determine valuation and distribution methods.

How do I enforce child support when a spouse is deployed?

UIFSA procedures facilitate cross-state enforcement, wage withholding, and arrears collection regardless of deployment. An attorney helps ensure the order is enforceable in the relevant state.

Can I request emergency relief or temporary orders during deployment?

Yes. A Colorado attorney can seek temporary orders for custody, support or use of property during deployment, and the court may consider deployment-related needs.

What should I know about relocation with a military spouse?

Relocation may affect custody and visitation. Courts weigh the best interests of the child and deployment considerations, often creating structured plans that accommodate military moves.

5. Additional Resources

Useful official resources for Military Divorce in Aurora and Colorado include:

  • U.S. Department of Veterans Affairs (VA) - Provides information about benefits, military survivor benefits and family support resources that may be relevant to divorce planning and post-divorce planning. VA.gov
  • Colorado Judicial Branch - Official source for Colorado family law information, court forms, and local rules relevant to divorce, custody, and support. Courts.state.co.us
  • U.S. Department of Justice - Servicemembers Civil Relief Act (SCRA) - Federal protections for service members in civil actions, including divorce. DOJ SCRA page

6. Next Steps

  1. Assess your situation and note deployment timelines, relocation plans, and custody needs. This helps tailor the approach for your divorce case in Aurora.
  2. Gather key documents in one place: marriage certificate, military service records (DD-214), pay stubs, benefit statements, court orders, and prior custody or support orders.
  3. Consult a Colorado-licensed family law attorney who understands military divorce issues and SCRA protections. Schedule a focused initial consultation.
  4. Identify potential issues to address in the filing: custody, support, property division including retirement pay and survivor benefits, and possible temporary relief during deployment.
  5. Determine jurisdiction and venue with your attorney, especially if deployments, relocations, or cross-state issues are present. Prepare for possible UCCJEA considerations.
  6. File for divorce in the appropriate Colorado court, or respond to a petition within the required timeframe, using the guidance of your attorney to meet deadlines.
  7. Monitor deployment-related protections under SCRA, and adjust filings or requests with the court as needed to maintain fairness and enforceability.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.