As a state with a significant military presence, Colorado recognizes the unique challenges service members and their families face regarding legal matters.

Military family law in Colorado encompasses various aspects, including divorce, child custody, and the division of military retirement pay. Understanding the intricacies of these laws is crucial for military personnel stationed in the state.

Military Divorce & Custody Battles

Divorce can be a complex process for anyone, but for military families, additional considerations arise due to the nature of military service. Military divorce attorneys in Colorado represent service members and their spouses, ensuring their unique circumstances are considered.

The Uniformed Services Ex-spouses’ Protection Act (USFSPA) controls the disbursement of military pensions in Colorado. Under this act, state courts can divide military retired pay as a divorce settlement. Service members and their spouses must seek legal guidance to navigate the complexities of dividing retirement benefits.

Child custody battles involving military parents present their own set of challenges. Service members may face frequent relocations and deployments, impacting their ability to maintain consistent contact with their children. Colorado has specific laws in place to protect the rights of military parents involved in custody disputes, considering the child’s best interests while also acknowledging the unique circumstances of military service.

What Is Military Divorce?

Military divorce is a type of dissolution of marriage that involves individuals who are serving in the Armed Forces. It has some unique requirements and considerations, which makes it more complex than a traditional civilian divorce. As such, seeking the guidance of an experienced military family law attorney can be especially beneficial for service members and their spouses.

The first stage in a military divorce is filing a petition for divorce. This is filed in the appropriate court according to the laws of Colorado and the service member’s state of residency. The couple must then navigate the various legal issues related to their divorce, including property division, child custody arrangements, alimony payments, etc.

It’s important to note that military divorces in Colorado are generally handled in the state court system, with certain rules and regulations specific to military divorces. Hiring an attorney familiar with Colorado’s laws governing military divorces is imperative.

Military Retirement Benefits In Divorce

Regarding property division during a divorce settlement, military retirement benefits are often a significant point of contention. The issue can be complex and highly contested since service members are eligible for military retirement benefits after 20 years of continuous service.

In Colorado, military retirement benefits are considered marital property, meaning they must be divided equally between the parties in a divorce settlement. However, if the service member had acquired these benefits before marriage, they may not have to be split or only be split in part.

Residency Requirements For Military Divorce

It’s also important to know the residency requirements for a military divorce in Colorado. Before registering for divorce in California, one spouse must have resided in the state for at least 90 days. Additionally, if minor children are involved in the divorce, both parties must have lived in Colorado for at least six months before filing.

Furthermore, if the service member is on active duty and serving outside of Colorado, they may be able to file for divorce in their home state. However, it’s important to note that specific requirements must be satisfied, such as a valid marriage contract or proof of residency in another state.

Division Of Assets In Military Divorce

In addition to residency requirements, the division of assets during a military divorce is governed by special rules and regulations. All marital property must be divided equitably between parties, including any retirement benefits earned during the marriage. The court will typically consider the duration of the marriage, each spouse’s financial means and needs, and other factors when making decisions related to asset division.

At Patricia M. Perello P.C., we understand individuals’ unique challenges when going through a military divorce in Colorado. We are dedicated to providing superior legal advice and guidance throughout the process. Our experienced attorneys can provide helpful insight into the various procedures related to military divorce, including how to divide assets fairly and equitably.

Spousal Support & Alimony In Military Divorces

Alimony or spousal support may also be awarded in a military divorce. The specifics of the award will depend on variables such as the duration of the marriage, the parties’ respective incomes and earning potential, and any other relevant factors. A skilled attorney can help you navigate this process and fight for your legal rights throughout the proceedings.

Protecting The Rights Of Military Families

Colorado’s commitment to protecting the rights of military families is evident through the presence of specialized law firms and legislation such as the USFSPA. These laws ensure that service members and their families receive fair treatment and legal assistance tailored to their circumstances.

If you are a service member stationed in Colorado or a military spouse facing legal issues, it is crucial to seek the advice of an experienced military family law attorney who can guide you through the complexities of the legal system. By doing so, you can ensure that your rights and interests are protected while navigating the challenges of military life.

Benefits Of Hiring A Colorado Springs Military Family Lawyer

1. Understanding of Military Regulations and State Law: Military family law can be complex between state statutes and military regulations. A lawyer with expertise understands this delicate balance and can navigate it effectively.
2. Familiarity with Military Benefits: A military family law lawyer knows about military retirement, health benefits, and other entitlements. They can ensure these are adequately addressed during a divorce or other legal procedures.
3. Experience with Military Lifestyle: The military lifestyle can involve frequent moves, deployments, and unique challenges. A lawyer familiar with these circumstances can offer advice and representation tailored to the needs of military families.
4. Knowledge of the Servicemembers Civil Relief Act (SCRA): SCRA provides certain legal protections for active duty military members, such as protection against default judgments and interest rate caps. An experienced military family lawyer will ensure these rights are protected.
5. Jurisdictional Issues: Where to file a family law case involving a military member can be a complicated decision. A Colorado Springs Military Family Law Lawyer can help determine the best jurisdiction based on factors like residency, location of assets, and other considerations.
6. Child Custody and Relocation: Child custody issues can become more complex when one or both parents are in the military, especially if there’s a potential for relocation or deployment. An experienced lawyer can help address these challenges effectively.
7. Efficiency and Speed: Given the unique time pressures military families sometimes face, such as impending deployments, having an attorney who understands these constraints can help expedite processes and resolve issues quickly.
8. Access to Military Records: Sometimes, legal issues may require accessing a service member’s military records. An experienced military family law lawyer knows the proper channels to get this information efficiently.
9. Dispute Resolution: Lawyers familiar with military family issues might be more adept at suggesting alternative dispute resolution methods, like mediation, which can be beneficial in preserving relationships and reducing litigation costs.
10. Protection of Military Pensions: Military pensions can be a point of contention in divorce proceedings. A knowledgeable lawyer can ensure fair division by the law.
11. Awareness of Military Culture: Being acquainted with the unique aspects of military culture, from ranks to codes of conduct, can be beneficial during legal proceedings. This understanding can aid in communication and advocacy.

We Offer Skilled & Compassionate Legal Services

Military personnel stationed in Colorado are fortunate to have access to experienced military family law attorneys. These professionals understand the unique complexities of military divorce and custody battles, allowing them to provide specialized guidance and representation for service members in these cases.

At Patricia M. Perello P.C., our team of knowledgeable lawyers is committed to providing skilled legal services with compassion and understanding. Our attorneys have extensive experience in representing military personnel and their spouses as they navigate the complexities of family law. With our deep understanding of Colorado-specific laws and regulations, we can ensure that your rights are protected throughout the process.