Are You in Need of a Military Divorce Attorney?

Divorce is never an easy process, but when either you or your spouse are in the military it can be even more complicated as there is more to consider than in a traditional divorce. We understand the sacrifices military families make every day and we want to be sure they don’t have to make any when it comes to legal representation. Here at Divorce Matters we aim to reduce and even eliminate many of the obstacles that can stand in the way of a successful outcome for our clients.

The first step in any case is determining jurisdiction, and it is the same for a service member or their spouse.  If the service member is not a Colorado resident, there must be a basis for the court to exercise jurisdiction over that person, typically by filing the petition, being served inside Colorado, consenting to jurisdiction, or having a matrimonial domicile here.

Additionally, the Servicemembers Civil Relief Act (formerly the Soldiers and Sailors Civil Relief Act) allows military members to delay proceedings when military service materially impacts the service member’s ability to participate. In nearly all cases, a deployment meets this requirement.

Once proceedings begin for a military divorce in Colorado, each branch of the service has a regulation requiring its members to provide support for family members during periods of separation, absent agreement, or court order to the contrary. For example, the Army requires members to pay BAH-Diff, plus a percentage of base pay depending on the number of dependents. The service member’s spouse may be entitled to maintenance (alimony) from the member under Colorado law, assuming a need, and a sufficient disparity in income. If there are children, the court will order child support per the Colorado child support guidelines. Military pay, as well as military retirement and VA disability (under some circumstances) may be garnished to pay maintenance or child support if you are involved in a military divorce in Colorado.