Military Divorce Lawyer Colorado Springs – Our reputable family law attorneys specialize in military divorce cases in El Paso County, Teller County, Pueblo County and throughout Colorado.
Regardless of the type of divorce, the process can be emotionally stressful and difficult. In addition, if you are going through a military divorce, you may need to consider some special requirements and special rules that apply to members of the U.S. military and their spouses when they divorce. Family lawyer
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Some of the differences between civilian and military divorces include issues such as alimony enforcement, service of process, filing or residence, and distribution of military pensions.
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If all of these elements seem like a challenge, the good news is that you don’t have to be alone in the process. Our military divorce attorneys are highly experienced in these types of cases and are dedicated to protecting your interests while making your divorce process as easy as possible.
At this stage you may not have the concept of a military divorce. Although the divorce process is very similar, if not identical, to that of a civilian divorce, military divorces differ in some important features that you should be aware of. Military couples should consider other factors that characterize civilian divorces.
For example, a military divorce involves federal regulations that must be followed. Judges should consider military benefits and pensions and consider them assets that can be distributed. Additionally, it should be noted that military personnel require residency in countries other than their home countries. This could be an example of a couple living in Colorado and New York.
Due to the different nature of military couples and deployments, custody arrangements may differ from traditional civilian divorces.
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Employees sometimes have to travel to different bases or departments to attend court hearings or participate in divorce proceedings. This makes it difficult for them to attend court hearings or participate in the proceedings. Service members often have a different pay structure than civilians, making it difficult for a service member to be involved in litigation or divorce proceedings. The USFSPA allows military spouses to ask the court to temporarily stay the divorce proceedings while the spouse is on active duty.
Child support is one of the biggest differences between the divorce status of a member serving in the US military, compared to a divorced spouse. Supporting children when their parents are separated can be very difficult, especially when it comes to a retired service member. Employees can earn an unusually high salary if their spouse is working. This could result in them receiving higher child support payments.
The USFSP provides guidelines for the division of pension funds in the event of a divorce. This includes child support payments. Unlike a spouse, when a service member leaves active duty, spousal benefits can become part of a divorce estate. This includes paying alimony to the other spouse. In addition, courts may require service members to pay child support to spouses who have previously abused children.
When a military member retires, it will be difficult to stop paying child support because if the soldier is disabled or becomes disabled, the soldier still has to pay child support. If assigned to the military, a military member can retire without paying alimony. If one party’s income increases, there are some options for adjusting alimony payments, such as reducing wages if the service member is unemployed. however, it is important to ensure that child support is paid.
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Additionally, when one party is an active member of the US military and he or she is seeking a divorce, there are some important aspects of divorce that you should know. It may be more difficult for a court to have jurisdiction over an active military member than over a civilian because:
In general, the procedure and form of military divorce is very similar to that of civilians. However, military divorces have additional hurdles, particularly the complexities surrounding jurisdiction and judicial review of the case.
Jurisdictional Issues – Colorado may have subject matter jurisdiction over a divorce if one of the parties to the divorce is a resident of the same state. A divorce can be granted under Colorado law if one member of the couple is a citizen working in Colorado Springs.
It is very common for military personnel to have legal residency in a country other than the host country. This means you may have jurisdictional issues. But if one of the two agrees to change their place of residence in Colorado, the problem is solved.
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Personal Jurisdiction – Colorado law requires a basis for jurisdiction where no member is domiciled in Colorado. This will allow the court to have jurisdiction over that person and allow the divorce to proceed. This can be accomplished by petitioning, consenting to jurisdiction, serving as a member of the military in Colorado, or being a married resident of the state.
Military Retirement Issues – A member of the military who served in the Colorado Call and is not a resident, federal law must have the jurisdiction and power to file for military retirement.
Those who serve in the US military face a variety of obstacles when filing for divorce. Therefore, it is essential that your divorce attorney has in-depth knowledge and experience in handling military divorces.
Bright Day Law℠ is an experienced family law firm dedicated to helping Colorado families resolve their family law issues. With years of experience, the Colorado Springs military divorce attorneys at our firm can work closely with military families to achieve the best possible outcome in their military divorces and other family law cases. Contact us for a case evaluation and to discuss your legal options.
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Seek advice from an experienced military divorce attorney. All you have to do is call 719-733-9129 or fill out our case evaluation form.
There is no quick and easy answer to such a question. You will not be able to proceed with the process without the approval of a member of the military. It is better to wait until your spouse returns before starting the divorce process.
If you want to start a process with your spouse abroad, you will need a functioning government in accordance with the Hague Convention on the Service of Foreign Processes. The bad news is that most of the time when the military is deployed to a government that does not adhere to such a convention, you tend to waste energy, time and money when the military member can be fired.
Additionally, even if you find a way to proceed with the divorce while the member is on active duty or deployed, the Military Civilian Assistance Act gives military members the right to delay the process if it affects their ability to participate in the service. .
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One of the first steps in military divorces is determining the right court for the case. Spouses must prove that they live in the state where they filed for divorce. In Colorado, one or both must have resided in the state for more than 90 days. You can prove your residency with a driver’s license, LES statement, voter registration card or proof of ownership.
You can only file for divorce, but one or both spouses must have lived together for at least 90 days before officially filing for divorce.
Military pensions are valuable assets when it comes to military divorces. They are governed by the Spousal Protection Act, also known as the USFSPA.
Such a law states that military pensions must be awarded by a state judge. This federal law protects pensions and states that a military spouse is entitled to a division of military pension during a divorce. The law entitles the spouse to a portion of the military member’s retired service because the military pension is considered “marital property” under Colorado law. A military pension is often one of the most valuable assets in a military divorce filed in Colorado.
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The law was recently updated so that when a divorce is finalized, a military spouse’s pension entitlement will be frozen at the current pension value. This essentially means that future contributions or service extensions that may affect the final pension amount will not be split between the two ex-spouses.
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