Contact experienced family law attorneys in Colorado Springs for the specific details that may affect you in a divorce where one or more of the parties involved are service members. The procedures essentially remain the same, but there are a few significant differences regarding the laws governing military personnel versus civil laws.
The Colorado Springs military divorce lawyers at Moran & Associates serve all military personnel from Cheyenne Mountain AFB, Fort Carson, U.S. Air Force Academy, Peterson AFB & Schriever AFB.
An issue with jurisdiction may pose a major problem in a divorce proceeding involving a service member, this is due to; under Colorado laws a divorce may only be filed if one or both parties are residents of Colorado. The problem arises due to service member being able to elect the state they wish to be residence of, this makes it possible for a service member to be based in Colorado for a prolonged period but not be considered a resident of this state.
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In a military divorce case, if a service member has not made any attempts to establish residency in Colorado and has also elected another state as their resident state; Colorado civil laws would not have jurisdiction over that service member for the dissolution of marriage. For the divorce to be filed in Colorado one of the spouses would need to be a resident of the state.
In military divorce cases where a service member can be summoned to appear for the dissolution of a marriage a further hindrance may be posed as military laws protect service members from having a court case brought against them while they are on duty and unable to appear for court; under the Service Member Civil Relief Act (SCRA).
A service member is able to opt out of the protection offered by SCRA and have their case proceed while they are on duty with accommodations being made for telephone conferences as well as postponing the case while the member is on duty and resuming when they become available for court appearances.
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Disruptions in resolving the case due to service member being away on duty can present a massive burden to the other parties involved in the divorce proceeding as they may be required to attend certain proceedings necessary for arrangement for bills as well as other payments to be made.
Under Colorado laws VA disability pay will not be subject to division during the military divorce proceeding however it will be taken into account when determining child and spousal support.
An issue may arise when attempting to secure military retirement status during the divorce proceeding as this case may need to be filed in the state that the service member is resident of; if the service member is not under the jurisdiction of the Colorado judicial system.
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Other impediments may be faced when attempting to calculate the pension that you are eligible for during a divorce involving a service member; your skilled military divorce attorney from Moran & Associates will be able to utilize expertise gained through years of experience to ensure you receive all the benefits you are entitled to during the proceedings.Marrison Family Law has the best military divorce lawyers in Colorado Springs CO. If you need this or other family law attorneys, call us today.
Divorce is already a difficult and painful experience, but if either you or your spouse are in the military, it can become even more complicated.
As one of Colorado Springs’ most reputable law firms, Marrison Family Law is intimately familiar with the specific rules and procedures pertaining to military divorce. Our military divorce lawyershave helped hundreds of families in the Colorado Springs area, and we can help you as well.
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Military divorce is a lot different than a civilian divorce with the rules being dictated by a combination of state and federal laws. While military pensions and certain emergency child support orders are governed by federal law, state laws still cover all other matters pertaining to divorce.
Normally, getting a divorce would require at least one party to be a legal resident of the State, but with a military divorce, it is likely that neither spouse has established legal residency in Colorado. Even if you or your spouse has been deployed from Fort Carson, Schriever or Peterson AFB, this does not mean that Colorado residency has been established. State courts cannot hear a divorce case unless it has the authority or
The state has jurisdiction over your military case if it passes 2 stipulations. First, the state must establish personal jurisdiction over the parties. Personal jurisdiction can be based on where you are stationed, where you or your spouse resides, or the state where the military member claims residency. Secondly, the state must establish
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As in all other states, the Defense Finance and Accounting Service (DFAS) manages the payment of military retirement benefits and pensions. Because any assets acquired during the marriage are considered “marital property”, DFAS benefits will be subject to the “equitable distribution” laws of Colorado.
Military Retirements are subject to a formula governed by Federal law. In Colorado, we call this the “Hunt/Gallo” formula, named after the two primary cases in Colorado which recognized the Federal formula. Essentially, the spouse's share of the military retirement is calculated according to [years in service while married]/[total years in service] divided by two. As this is a matter of Federal law, the retirement rules are fixed, and Colorado will normally not deviate from the formula. However, the court is free to adjust other assets to achieve an equitable result.
Concerning medical benefits, the law provides a military spouse with life-long medical benefits provided that the couple was married more than twenty years while the service member was in the military. Because of the 20/20-year rule, it may not make sense for a disabled spouse to file for divorce until they have been married for twenty years while the service member was in service. Sometimes couples will file for legal separation to achieve the 20 years of marriage/20 years of service requirement. For those serving our country, there are endless factors involved when getting a divorce, which is why it's imperative to have a military divorce attorney on your side.
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Divorcing while on active duty is possible, but it can be tricky. Our divorce lawyers are familiar with this process and well equipped to assist soldiers with initiating a divorce, or responding to filings, even if they are deployed overseas. In fact, a divorce can be started by email.
Many of our military clients have obtained a divorce via email while deployed overseas. A signed fee agreement is sent to us by conventional mail, but all other legal correspondence can take place via email or telephone.
If you're in the military and are planning to get a divorce in the Colorado Springs area, call us at (719) 577-9292. We will answer your questions and help you determine the best course of action. There is absolutely no obligation, and your divorce consultation will be 100% confidential, so there is no risk.No matter the kind of divorce you might be going through, the process can be emotionally draining and complex. On top of that, if you are going through a military divorce, you need to take into account that you might need to meet some special requirements and follow specific rules that apply to US service members and their spouses when divorcing. A Colorado Springs military divorce lawyer at
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Some of the differences between civilian divorces and military ones include matters of compliance with support payments, service of process, filing requirements, or residency as well as dividing military pensions.
If all those elements sound like a hassle to you, the good news is that you don’t have to be alone in the process. Our military divorce attorneys are highly experienced with these types of cases and are ready to protect your interests while making the process of your divorce as smooth as possible.
At this stage, you might not have the concept of military divorce clear. While the process for divorce is very similar if not identical to one of the civilian divorces, military divorces are different in some important characteristics which you should be aware of. Military couples need to consider other factors, in addition to those that characterize civilian divorces.
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For example, military divorce includes more federal regulations that need to be respected. Judges need to take into account the military benefits and retirements and consider them as divisible assets. Additionally, it is important to note that military personnel tends to claim residency in states that are different from the one they reside in. That can be the example of a couple living in Colorado by residing in New York, for instance.
Moreover, when one party is an active service member of the US military and he or she wants a divorce, it is important to know some important characteristics of the divorce you should be aware of. For a court to have jurisdiction over the military member on active duty can be trickier than with a civilian because:
Generally, the procedure and the form of military divorces are very similar
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