Military Divorce Attorneys Colorado

Experienced Denver Colorado Divorce Lawyers Working with Military Families

Military divorce is a unique experience and needs unique knowledge. When a divorce involves a member of the military, already complicated matters become even more complex due to the nature of military life. You will benefit from a divorce lawyer who is experienced working with military issues and rules. Watson & Associates, LLC brings more than 22 years of family law experience to you case. Our members understand the common issues that can arise. Our attorneys will aggressively fight for your rights – whether you are active duty, deployed, or are a military spouse.

Overview and Important Information

Divorce and the military require a special knowledge of laws not applicable to civilian divorces. For example, federal legislation entitles active members of the armed forces to delay a divorce and to court-appointed counsel in certain circumstances. See the Servicemembers Civil Relief Act .

Military pensions like their civilian counterparts are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions. See the US Code, Title 10, Chapter 71 – Computation of Retired Pay.

Alimony and child support are also subject to special rules. Calculating income and collecting support can be more complicated because of regulations governing active or retired members of the military. Familiarity with the definition of “disposable retirement income,” for example, is key to establishing support orders when dealing with retired military personnel.

Federal law may also affect where the parties end up in court, so planning and strategizing require a thorough grasp of the special rules governing military divorce.

Family Support

Military members are required to manage their personal affairs in a manner that does not bring discredit upon themselves, or upon the military. The military takes seriously the duty of its members to provide family support. Servicemembers are therefore required to conduct themselves in an honorable manner with regard to parental commitments and responsibilities. The military does not want personal problems to become an official matter of concern. This applies even applies to going through the process of a military divorce.

Military regulations governing the personal affairs of service-members set forth policy, and describe what actions can trigger a command’s obligation to take action against a soldier. A mere complaint to the command, or to an authorized representative of the command, that a soldier is not providing financial support to his or her family, could trigger command action. This complaint could be by telephone call, letter, fax, email or other form of communication.

Command involvement in cases of a member’s failure to provide financial support to family members could include the authorization of an involuntary allotment, or the ordering of a member to initiate a voluntary allotment. A servicememember’s  failure to provide financial support to family members could be a violation of regulations, and punishable under the Uniform Code of Military Justice.

Divorce lawyers serving all regions in Colorado: We can assist clients stationed in Colorado Springs near Fort Carson, the U.S. Air Force Academy, Peterson Air Force Base, Air and Space Command and Shriever Air Force Base. We also serve military and retired members in the Denver areas. Our team has successfully dealt with special issues involving relocation, division of military retirement benefits and the survivor benefit plan (SBP), as well as the complexities of child custody disputes involving members of the military.

Call 720-941-7200 to schedule an appointment to discuss your circumstances. You can also contact us online.

A military divorce creates special challenges for its active duty and deployed members. The issues are complicated by the fact that they involve Colorado law as well as federal benefits. Military divorces call for counsel and representation by an experienced lawyer familiar with the following:

• Relocation issues: helping determine jurisdiction for cases involving military service members who have been relocated outside of Colorado.
• Property division: military retirement benefits are divisible between the spouses; military authorities can divide the pension according to a time rule formula. The survivor benefit plan also needs to be addressed, including questions about who will be the beneficiary, who will pay for it, and alternatives including private insurance.
• Child custody and support issues: often difficult in civilian divorces, these disputes over custody and support can be even more problematic in a military divorce because in many cases, divorcing parties relocate as a result of their position in the military, requiring long-distance parenting plans.
• Alimony/spousal maintenance: commonly the spouse who is not in the military needs spousal support upon divorce because that person often has put a career on hold.
• Modifications: because of deployments and relocation, divorce decrees for military members often require modifications, including changes to parenting plans, child support, alimony/spousal support.

For most of our clients, the best route to take in divorce is to settle on child custody, child support, property division and spousal support issues rather than litigating these differences in a courtroom. In some cases, protecting a client’s interests means taking a case to court, but more often than not, more favorable results are obtained in less costly negotiations or mediation.

Contact us for immediate representation: if you are an active duty or deployed service member, or a spouse filing for a military divorce in Colorado, contact our experienced lawyers for immediate help. Call toll free 1-866-601-5518.

Call the Attorneys at Watson & Associates, LLC, at 720-941-7200.
You can also contact us online.