Divorce is never easy – and military divorce adds a layer of complications. At Rocky Mountain Legal Group, we work with military families to find the most beneficial solutions for everyone involved. From child custody and spousal support to retirement division and Survivor Benefit Plans, our job is to make divorce as fair and painless as possible.
Military divorces differ from civilian divorces in several key ways.
Special rules apply to how pensions are divided in military divorces, and errors can be very costly. Divorcing spouses need a clear order to avoid losing future benefits.
Court jurisdiction can be complicated when service members live in one state but claim residency in another. Jurisdiction needs are established based on legal residence, military assignment, and where the divorce is filed.
Military duties, relocations, and deployments affect custody agreements and parenting plans. The courts may call for detailed provisions related to custody during deployment or temporary duty assignments.
We help facilitate the appropriate division of military pensions in compliance with federal and state laws.
Our military divorce lawyers work with families to create parenting plans that account for deployment, relocation, and military work schedules.
We help divorcing spouses get clarity on fair spousal support calculations involving Basic Allowance for Housing (BAH) and military pay.
Our attorneys work to resolve jurisdictional issues that come up when one or both parties are stationed out of state.
SBP can become complicated in military divorces. We guide couples through the process of protecting long-term benefits like SBP during divorce.
Our goal is to make sure you are in compliance with federal protections like SCRA for active-duty service members.
Under Colorado law, VA disability pay is generally not divisible as marital property, but it can affect support calculations. We help make sure it gets handled correctly.
We guide couples through federal TRICARE rules and how they apply alongside Colorado divorce law, especially for spouses who may qualify under the 20/20/20 or 20/20/15 rule.
Colorado courts may issue temporary orders for custody and support during a divorce. We help service members and spouses manage this process, even during deployment.
When PCS orders require relocation, we assist with modifying custody and parenting plans in accordance with Colorado’s best interest standards.
We understand all the challenges of military divorces in Colorado Springs. Let’s build a strategy that protects your future.
All military divorce cases start with a thorough consultation to understand your situation and military-specific concerns.
An experienced military divorce lawyer will evaluate how military benefits, deployments, and duties impact the case.
We’ll create a customized legal strategy to protect the family’s best interests based on military divorce law in Colorado.
Our goal is to help you come to a fair settlement outside of court, but we are fully prepared to manage litigation when needed.
Rocky Mountain Legal Group is here post-divorce to assist you with modifications and enforcement as needed.
We understand the legal and lifestyle realities of military service, and what it takes to achieve fair solutions.
The process of military divorce can become very complicated. Our attorneys explain all legal terms simply so you can make confident decisions.
Your privacy and trust are protected unconditionally. This is our top priority in every divorce case – military or civilian.
If you have any questions or concerns about your military divorce, our firm responds in 24-48 hours or less.
Start getting answers and make a smart plan to move forward.
Military divorces involve many nuanced federal laws, including the Uniformed Services Former Spouses’ Protection Act (USFSPA), which may affect the division of retirement and benefits.
Custody and support may also be impacted by frequent relocations and deployments. In Colorado Springs, jurisdictional issues commonly arise due to differing state and military residencies, requiring careful legal analysis to determine where to file and how to proceed.
Yes, a divorce can be filed during deployment. However, the Servicemember Civil Relief Act (SCRA) may allow the deployed spouse to request a delay. This regulation is put in place to make sure a deployed spouse’s legal rights are not compromised during active duty. In Colorado, courts generally grant these delays if deployment will likely impact a service member’s ability to appear or respond to proceedings.
It’s possible. Military retirement may be considered marital property if it was earned during the marriage. However, the division depends on the length of the marriage overlapping with military service and is required to follow federal regulations like the 10/10 rule for direct DFAS payments.
Colorado courts may approve parenting plans that include provisions for temporary custody during deployment. These plans can outline who will care for the child and how communication will be managed.
Above all else, judges focus on the child’s best interests – especially considering the unpredictability of military assignments. It’s highly recommended to consult with a law firm with experience in military divorce cases to learn about your options.
The ability to keep military benefits depends on meeting specific criteria, including the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap. Spouses who qualify may retain full benefits like TRICARE and commissary access. In Colorado divorces, eligibility is evaluated alongside state and federal guidelines to determine post-divorce entitlements.