Best Military Divorce Lawyers in Colorado

About Military Divorce Law in Colorado, United States

A military divorce is a legal dissolution of marriage in which one or both spouses are members of the United States armed forces. In Colorado, these cases involve special legal considerations due to the interplay between federal laws and Colorado state laws. Unique issues often include residency requirements, division of military pensions, child custody during deployments, and the application of federal regulations such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA). Given the complexities involved, military divorces in Colorado require careful attention to protect the rights and interests of both military and civilian spouses.

Why You May Need a Lawyer

Military divorces are more complex than civilian divorces due to the involvement of federal statutes and military benefits. Common situations where legal help may be essential include:

• Determining the proper jurisdiction for filing the divorce, especially if the service member is stationed out of state or overseas.
• Navigating the division of military retirement benefits, health care, and other entitlements.
• Ensuring compliance with regulations protecting deployed or active duty service members from default judgments.
• Addressing unique concerns about child custody, deployment schedules, and visitation rights.
• Dealing with support orders, including child support and spousal maintenance, which must account for military income and allowances.

Because each military divorce involves a unique set of rules and potential complications, consulting a legal professional familiar with both Colorado and federal law can help ensure your interests are protected and all legal requirements are met.

Local Laws Overview

Key aspects of Colorado law relevant to military divorce include:

• Residency Requirements: Either spouse must be domiciled or stationed in Colorado for at least 91 days before filing for divorce.
• Filing Jurisdiction: Members of the military are permitted to file for divorce in the state where they are stationed, claim legal residence, or where their spouse resides.
• Division of Military Pensions: Colorado courts apply the USFSPA, treating military retirement pay as marital property subject to division if the marriage overlapped with military service for at least 10 years.
• Child Custody and Parenting Time: The court will consider the best interests of the child, but federal laws allow certain protections through family care plans when a parent is deployed.
• Child Support Calculations: Military income, basic allowance for housing, and other entitlements are factored into support calculations under Colorado Child Support Guidelines.
• Servicemembers Civil Relief Act (SCRA): This act can temporarily delay divorce proceedings for active service members who are unable to participate due to military duties.

Navigating these legal mandates can require the experience of an attorney who understands both Colorado family law and the specific statutes governing military families.

Frequently Asked Questions

What is different about a military divorce in Colorado versus a civilian divorce?

A military divorce must account for military retirement benefits, unique residency rules, and federal protections like the SCRA. Issues around deployment, child custody, and dividing military-specific assets make these divorces more complex.

Can I file for divorce in Colorado if my spouse is stationed elsewhere?

Yes. As long as you or your spouse meets Colorado's residency requirement, you can file for divorce in Colorado regardless of where the service member is stationed.

How does Colorado divide military retirement pay in a divorce?

Colorado treats military retirement pay as marital property and divides it generally based on the length of the marriage overlapping with military service, using the guidelines set out by the USFSPA.

Will deployment affect custody arrangements?

Deployment can impact physical custody and parenting time. Courts may adjust custody or grant temporary modifications to accommodate military service, always focusing on the best interests of the child.

Can a military divorce be postponed during active duty?

Yes. Under the SCRA, an active duty service member can request a stay or temporary suspension of divorce proceedings if military duties prevent participation in the case.

How are BAH and other military benefits factored into child support?

Colorado includes all forms of military income, such as base pay, BAH, and BAS, when calculating child support obligations.

Does a non-military spouse automatically receive a portion of military retirement?

No. The court decides the division of retirement benefits. Only if the marriage and military service overlap for at least 10 years does direct payment from the Defense Finance and Accounting Service apply under USFSPA.

What happens to TRICARE and other military health benefits after divorce?

Eligibility for TRICARE may continue for some former spouses if certain criteria are met. Otherwise, alternative health care options may be necessary after the divorce is finalized.

Are there any protections to prevent unfair default judgments against deployed service members?

Yes. The SCRA prevents default judgments when an active duty member cannot respond due to service obligations, giving them time to defend their interests once available.

When should I consult a lawyer about military divorce in Colorado?

It is best to consult a qualified attorney as soon as you are considering divorce or are served divorce papers, especially if you or your spouse is serving in the military.

Additional Resources

• Colorado Judicial Branch - Family Law Self-Help Center: Offers self-help forms and resources for divorce and child custody.
• Defense Finance and Accounting Service (DFAS): Provides information regarding division of military pay and benefits.
• Legal Assistance Offices on Military Bases: Available to service members and their families for guidance regarding military divorce processes.
• El Paso County Family Law Facilitator: Can assist with forms and general guidance in military-heavy communities like Colorado Springs.
• Colorado Bar Association - Lawyer Referral Service: Connects you with attorneys experienced in military divorce cases.

Next Steps

If you are considering a military divorce in Colorado, begin by gathering all relevant financial documents and service records. Make note of deployment dates, length of the marriage, and key benefits you or your spouse may hold. Then, consider consulting a family law attorney with experience in military divorces. Many legal assistance offices on military bases offer consultations, or you can use the Colorado Bar Association's referral service to find an attorney. Be prepared to discuss your specific circumstances, so your legal representative can provide tailored advice for your situation. Taking these steps can help you navigate the process with confidence and ensure your rights are protected under both state and federal law.