While divorce can generally be challenging, Colorado military divorce may be far more complicated than civilian divorce cases, as there may be federal laws that come into play (in addition to the state laws), impacting how the major issues of the divorce are resolved.
Given that Colorado military divorce can be quite different from civilian divorce, in this blog, we’ll respond to some commonly asked questions about Colorado military divorce. If you need help with a Colorado military divorce – or with any type of divorce or family law issue, you can turn to the trusted Littleton divorce lawyers at Bahr & Kreidle for experienced help and the highest quality legal services.
A – You should be aware that your spouse is protected by the Soldiers and Sailors Civil Relief Act (50 USC Section 521). What this can end up meaning for you is that:
The reason for these protections is to prevent members of the military from being divorced without their knowledge. Here, we also want to note that members of the military can waive the postponement of their divorce cases if they want to proceed with an uncontested divorce.
A – The only residency requirements associated with Colorado military divorce are that:
A – No. The grounds for civilian divorce and Colorado military divorce are the same, and these simply are that one party in the marriage believes that the marriage is irrevocably broken. This is because Colorado is a “no fault” divorce state.
As a result, it doesn’t matter if one party was allegedly to blame for the end of the marriage (because of, let’s say, misconduct or infidelity). Instead, it’s only relevant that one party in the divorce believes that there is no hope of reconciliation with his or her spouse.
A – It can be. While the division of property in Colorado military divorce can be similar to that in civilian divorce when it comes to assets like marital homes and bank accounts, federal law will enter the picture when dividing up “property” like military retirement benefits.
In fact, with Colorado military divorce and retirement benefits, the Uniformed Services Former Spouses’ Protection Act (USFSPA) will come into play if the marriage has lasted at least 10 years over which time the member of the military was on active duty. When this is the case for a couple, there may be up to a 50-50 split of the military retirement benefits.
A – Generally, you should be aware that:
A – Custody can be one of the more complicated issues in Colorado military divorce, particularly if deployment and/or mobilization are factors in a given case.
In fact, although we can’t really get into any specifics about custody in Colorado military divorce cases (as how mobilization and/or deployment may impact custody in Colorado military divorce will depend on the specifics of a given case), we can tell you that, if custody is disputed in your Colorado military divorce, it’s best to retain an experienced military divorce lawyer who can help you advocate your rights and interests in these custody matters (both during your divorce and in the future if modifications are needed).
A – Yes. Although the military sees divorce as being primarily a civilian issue to be worked out by civilian courts, there are some military regulations pertaining to divorcing couples when those couples live on-base (as, naturally, on-base living situations can be disrupted by divorce).
In particular, just some of the military regulations that you may need to be aware of if you live on-base and are about to initiate a Colorado military divorce are the following:
There are other military regulations that can impact people living on base, so it’s best to consult with a trusted divorce attorney to find out more about your rights and entitlements if you are ready to move forward with a Colorado military divorce and you are living on base.
A – You do if you are serious about successfully resolving your Colorado military divorce. The fact of the matter is that divorce – both civilian and Colorado military divorce – can be complicated, and having a skilled military divorce lawyer on your side can be essential to:
Are you ready for some experienced help with your divorce case? If so, the Littleton divorce attorneys at Bahr & Kreidle are here for you, ready to provide you with the highest quality legal services. Since 1983, our lawyers have been dedicated to aggressively advocating our clients’ rights and interests in their divorce cases, and we are ready to help you resolve your divorce case as favorably and efficiently as possible.
To set up a meeting with one of our skilled divorce lawyers, call us at (303) 794-7422 or email us using the contact form on this page.
From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lone Tree, Castle Rock, Westminster, Centennial and Aurora.
