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Free Guide to Hiring a Family Lawyer
Military divorce in Denver is a family law case where one or both spouses are members of the U.S. armed forces. The basic legal framework combines federal protections that apply to service members with Colorado state family law. Federal laws such as the Servicemembers Civil Relief Act - SCRA - and the Uniformed Services Former Spouses' Protection Act - USFSPA - interact with Colorado rules on residency, property division, child custody, child support, and spousal maintenance. Because military service affects pay, benefits, retirement pay, and the party's ability to participate in proceedings, military divorces can be more complex than civilian divorces.
In Denver, divorces are handled through the Colorado state courts. If you or your spouse is on active duty and stationed in or connected to Denver, you will need to understand both the state procedural rules and the federal protections available to military members.
Military divorces often involve technical rules and high-stakes issues. You may need a lawyer if any of the following apply to your case:
- Either spouse is active-duty and deployed, because federal protections and special procedures may apply.
- Military retirement pay, survivor benefits, or Veterans Affairs disability compensation are at issue and must be characterized, valued, or protected.
- You face complicated property division questions involving military benefits, housing allowances, or moves due to military orders.
- Child custody or parenting time must account for deployments, frequent relocations, or orders changing duty stations.
- You need to enforce or modify support orders across state lines when a service member relocates.
- There are concerns about pension division paperwork, direct-pay orders, or Defense Finance and Accounting Service - DFAS - processes.
A lawyer experienced with military divorce in Colorado can explain how federal statutes apply, protect your rights under state law, help you gather the right documentation, and represent you in court or alternative dispute resolution such as mediation.
Several Colorado-specific legal rules and federal laws are particularly relevant to military divorce cases in Denver:
- Residency Requirement: To file for divorce in Colorado, at least one spouse must meet the state residency requirement. Colorado law generally requires that one spouse be a resident of the state for a statutory period before filing. Confirm the current residency rules early, because residency determines whether Colorado courts have authority to hear the case.
- Property Division: Colorado follows equitable distribution. Marital property is divided equitably - which means fairly - rather than by a strict 50-50 split. Courts classify assets and debts as marital or separate and distribute marital assets based on factors like the length of the marriage, each party's economic circumstances, and contributions to marital property.
- Military Pensions and USFSPA: The USFSPA permits state courts to treat military retired pay as marital property subject to division. The portion of retirement pay divisible by the court is typically tied to the time the servicemember accrued retirement credit while married. State court orders can also require DFAS to make direct payments to a former spouse under specified conditions.
- Income and Child Support: Colorado child support guidelines base support on parental income. Military pay and many allowances are treated as income for child support calculations, but specific allowances may be treated differently. Courts will examine basic pay, allowances, and other military compensation when setting support.
- Custody and Parenting Time: Colorado decides custody based on the best interests of the child. Courts consider the effect of deployments and changes in duty station, and they may craft temporary or long-term parenting plans to address military obligations. The Uniform Child Custody Jurisdiction and Enforcement Act - UCCJEA - governs interstate custody jurisdiction and can affect cases when parents live in different states.
- SCRA Protections: The Servicemembers Civil Relief Act protects active-duty members from certain default judgments and allows for stays of proceedings if military service materially affects the service member's ability to participate. Courts must follow SCRA requirements when a service member is in active service.
- Enforcement Across State Lines: The Uniform Interstate Family Support Act - UIFSA - governs the interstate enforcement of child and spousal support orders. This is important when a military member moves between states.
- Survivor Benefit Plan and SBP Elections: Decisions about the Survivor Benefit Plan and other military-specific retirement options can have important long-term consequences. Courts and parties must consider how to preserve survivor protections for a former spouse or how a waiver may affect eligibility for other benefits.
Yes, Colorado can have jurisdiction to hear a divorce if one spouse meets Colorado residency requirements. If neither spouse is a Colorado resident, usually the state will not have authority. When the service member is stationed elsewhere, federal protections like the SCRA can influence how and when the case proceeds, and jurisdiction questions can become complex. Consult a lawyer to confirm whether Colorado is the proper forum.
The SCRA provides protections for active-duty service members, including the right to request a stay of proceedings if military service prevents participation, protections against default judgments, and special rules for appearances. If a court enters an order while a service member is unable to defend due to service, that order may be set aside under SCRA standards. Courts must follow statutory notice and stay procedures when SCRA issues are raised.
Military retirement pay can be divisible marital property under the USFSPA. Colorado courts can award a share of a military pension to a former spouse based on the portion of retirement accrued during the marriage. The court will determine the marital portion and apply equitable distribution principles. A qualified domestic relations order - QDRO equivalent for military pay - or specific court order is often required to implement direct payments through DFAS.
Generally, VA disability compensation is federal benefit income and is not treated as divisible marital property in the same way retirement pay is. However, a disabled veteran's compensation may indirectly affect property division or support decisions because it affects the veteran's household resources and needs. Colorado courts will consider all relevant income and the parties' needs when making support or property rulings, but VA disability itself is not usually split as marital property.
Colorado uses child support guidelines based on parents' incomes. Military basic pay and many allowances are considered in calculating gross income, but certain non-taxable allowances may be treated differently for guideline computations. The court will account for the service member's orders, housing allowances, and deployment-related changes when setting a fair support amount. Enforcement and modification follow state rules and UIFSA when interstate issues arise.
Deployment is a frequent issue in military family law. Courts will consider deployment when crafting parenting plans, often approving temporary arrangements or remote communication plans to preserve the parent-child relationship. The SCRA may permit a stay if deployment prevents participation, and courts can enter orders that are effective during deployment with provisions for return or modification after deployment.
Yes, under federal and state procedures a Colorado court can enter an order that requires direct payment from DFAS to a former spouse if the order meets federal requirements. To obtain direct payments, the court order must include specific information and follow DFAS procedures. A lawyer familiar with military pay division can prepare the required documentation.
Military orders can affect where a family lives and therefore which state has jurisdiction. The UCCJEA governs interstate child custody jurisdiction, and UIFSA controls interstate support enforcement. If military orders cause moves between states, jurisdictional questions can be complicated. Colorado courts will apply state and interstate rules to determine proper jurisdiction and to manage enforcement across state lines.
Colorado courts consider statutory factors when awarding spousal maintenance, such as the length of the marriage, each spouse's income and earning capacity, and the standard of living established during the marriage. Military pay and benefits are treated as income for maintenance purposes in many cases, and the presence of military retirement pay can affect both the amount and duration of maintenance awards.
Base legal assistance offices provide valuable, often free, advice on military-specific issues, procedural protections, and benefits. However, base legal assistance cannot represent a spouse in state court in most circumstances. For a full range of advocacy - including negotiation, court representation, and complex property or custody litigation in Denver - you should consider hiring a civilian attorney with experience in military divorce. Many people use both resources: start with base legal assistance for immediate questions and then retain a civilian family law lawyer for ongoing representation.
Below are agencies and organizations that are commonly helpful in military divorce situations. Contacting these offices can provide information, forms, and procedural guidance relevant to military family law matters in Denver and Colorado.
- Colorado state courts and local Denver family courts for filing procedures, forms, and local rules.
- Colorado Judicial Branch self-help and family law resources for procedural information and forms.
- Colorado Division of Child Support Services for help with establishing and enforcing support orders.
- Defense Finance and Accounting Service - DFAS - for questions on military retired pay, direct pay orders, and payment administration.
- Department of Veterans Affairs for information about VA disability benefits and related programs.
- Base legal assistance offices and Judge Advocate General - JAG - services for active-duty members seeking initial legal help and counsel on military procedural protections.
- Military OneSource and similar military family support programs that provide counseling, referrals, and nonlegal advice.
- Local bar associations such as the Denver Bar Association or Colorado Bar Association to locate civilian attorneys experienced in military divorce.
- Legal aid organizations and family law clinics in Colorado for low-cost or pro bono services when financial resources are limited.
If you are considering or facing a military divorce in Denver, take these practical steps to protect your interests and prepare for the process:
- Gather key documents: marriage certificate, military orders, Leave and Earnings Statements - LES - for the service member, retirement statements if applicable, tax returns, bank statements, deeds and titles, insurance policies, and any existing court orders or agreements.
- Confirm residency: determine whether Colorado is the correct jurisdiction under state residency rules and whether any interstate jurisdiction issues apply due to military orders.
- Consult base legal assistance: if you or your spouse is active-duty, schedule an appointment with the base legal office to learn about SCRA rights and military-specific procedures.
- Seek a civilian attorney: look for a Denver family law attorney with experience in military divorce and knowledge of federal statutes like SCRA and USFSPA. Ask about their experience with DFAS orders, pension division, and military custody issues.
- Consider temporary orders: if you need interim child support, spousal support, or protection of assets, ask your attorney about requesting temporary relief from the court.
- Explore alternative dispute resolution: mediation or collaborative law can be efficient ways to resolve issues like property division and parenting plans, especially when deployment or relocation is pending.
- Plan for long-term protections: discuss survivor benefits, SBP elections, life insurance, and estate planning with your lawyer and a financial advisor to protect both you and any children.
- Keep records and communicate in writing: maintain copies of all legal documents, correspondence, and service records. When dealing with a service member, follow proper service and notice rules to comply with SCRA and state procedures.
Military divorce involves overlapping federal and state rules that can have significant financial and family consequences. Early preparation and counsel tailored to military circumstances will improve your ability to reach fair and enforceable outcomes in Denver.
