Military divorces can be more complex than civilian divorces due to the unique factors involved, such as military pensions, benefits, and deployment schedules. At Colorado Divorce Advocates, we specialize in helping military personnel and their spouses navigate the divorce process, ensuring their rights are protected. This guide outlines the specific considerations that arise in military divorces in Colorado, including jurisdictional issues, division of military pensions, and how child custody can be affected by deployment.
Jurisdiction in Military Divorce
One of the first hurdles in military divorce cases is determining jurisdiction—where the divorce should be filed. For military families, the spouse may be stationed in a different state or even abroad. In Colorado, the court will have jurisdiction if one of the spouses has lived in the state for at least 90 days. However, if the service member is deployed, the Servicemembers Civil Relief Act (SCRA) can delay court proceedings to ensure they have the opportunity to participate.
Division of Military Benefits
In any divorce, dividing marital property is essential, but in military divorces, military pensions and benefits play a significant role. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military pensions are subject to division in a divorce. The court may award a portion of the service member’s pension to the non-military spouse. Colorado courts typically follow equitable distribution, meaning that pensions will be divided fairly but not necessarily equally.
In addition to pensions, military benefits like TRICARE (healthcare for military families) and commissary privileges may be affected by divorce. If the couple was married for at least 20 years while the service member was on active duty (known as the 20/20/20 rule), the former spouse might retain these benefits after the divorce.
Child Custody and Deployment
Child custody issues in military divorces can become more complicated when one or both parents are deployed. Colorado courts, like others across the U.S., focus on the best interests of the child when making custody determinations. In cases involving military personnel, the court considers deployment schedules and the potential impact on the child’s well-being.
For instance, a service member’s parenting plan may need to include provisions for temporary custody changes during deployment, as well as communication methods like video calls to maintain the parent-child bond. At Colorado Divorce Advocates, we work with our clients to ensure that their custody arrangements account for the unique demands of military life while protecting their parental rights.
Spousal Support (Alimony) in Military Divorce
Alimony, or spousal support, is another aspect of military divorce that requires special attention. Colorado courts may order spousal support based on several factors, including the length of the marriage, the financial needs of each spouse, and their ability to pay. In military divorces, spousal support can also be impacted by factors like housing allowances and military benefits, which may fluctuate depending on deployment or retirement.
How Colorado Divorce Advocates Can Help in a Military Divorce
At Colorado Divorce Advocates, we understand the complexities of military divorces. Our attorneys have extensive experience handling these cases and are familiar with the specific laws and regulations that govern military divorces, such as the USFSPA and SCRA. We work closely with our clients to ensure they receive a fair and just outcome, whether it’s in matters of property division, child custody, or spousal support.
We also recognize that military families face unique emotional challenges during a divorce. Deployments, relocations, and the pressures of military life can take a toll on the family unit. That’s why we offer compassionate legal representation, ensuring that our clients have the support they need throughout the divorce process.
Conclusion
Military divorces in Colorado require a specialized approach due to the complexities involved in dividing military pensions, handling child custody during deployments, and addressing spousal support. At Colorado Divorce Advocates, we are dedicated to protecting the rights and interests of service members and their spouses throughout the divorce process. If you’re facing a military divorce, contact us today for a consultation and let our experienced team help you navigate this challenging time.
Our goal is to provide the legal support you need to move forward with confidence, knowing that your rights and your family’s well-being are our top priority.
