Moran & Associates Family Law

MILITARY DIVORCE IN COLORADO

Military divorces in Colorado are taken care of a little differently than civilian divorces. The Servicemembers Civil Relief Act (SCRA) protects servicemembers from having to participate in civil proceedings, like a divorce, while they are on active duty. If your spouse is deployed, you may have to wait to file for divorce until they return.

military divorce in colorado If you are a servicemember and your spouse is deployed, you can request a stay of proceedings from the court. This will allow you to delay your divorce until your spouse is back from deployment. You will need to provide proof of deployment to the court, so have your deployment papers ready.

If you are a servicemember and your spouse is not deployed, you may still be able to get a stay of proceedings. This will depend on the situation and the court’s discretion. If you can get a stay of proceedings, it will delay the divorce until your spouse is back from deployment.

Even though military service members are stationed worldwide and may be deployed for long periods, they still have to deal with the same issues as civilian couples when it comes to divorce. In some cases, these issues can be even more complicated.

If you are a military member or spouse considering divorce, it is essential to understand how Colorado law may impact your case. An experienced military divorce lawyer can help you navigate the unique challenges of your situation and protect your interests.

Colorado is an equitable distribution state, which means that property will be divided in a fair but not necessarily equal way. The court will consider several factors in making its determination, including:

  • The length of the marriage

  • The income and earning potential of each spouse

  • The contribution of each spouse to the marriage

  • The needs of each spouse

  • The couple’s standard of living during the marriage

  • The age and health of each spouse

Colorado springs law also requires that military pensions be divided in a divorce. This can be a complex process, so it is essential to have an experienced lawyer on your side who can ensure that your interests are protected.

UNDERSTANDING MILITARY DIVORCE IN COLORADO

Military divorce can be a complex process, but it can be navigated smoothly with the help of an experienced attorney. It can be guided smoothly with the help of an experienced attorney. Several factors make military divorces unique, such as the division of military pensions and possible deployments that can impact custody arrangements. If you are considering a one, it is essential to understand the specific laws that apply in your state.

colorado springs military divorce Each state has its own set of laws governing military divorces. In Colorado, there are several things to consider when filing for divorce. For example, the service member’s residency is the domicile state for divorce purposes under Colorado law. The court will look to the state where the service member is currently living to determine which court has jurisdiction to hear the case.

Another critical factor in Colorado springs is the division of military pensions. Military pensions are considered marital property in most states and are divided between the spouses in a divorce. However, due to the unique nature of military assistance, each state has its own set of laws governing how they are divided. In Colorado, the law states that a service member’s pension is divided equally between the spouses unless a written agreement states otherwise.

Suppose you are considering a military judicial separation in your state of residents. In that case, it is essential to speak with an experienced attorney who can help you understand the specific laws that apply in your state. With the help of an attorney, you can navigate through the process smoothly and ensure that your interests are protected.

COLORADO SPRINGS MILITARY DIVORCE LAW FIRM

military divorce guide If you are stationed in Colorado Springs and are considering a divorce, there are some special considerations to consider. Military judicial separation laws can be complex, and it is vital to have an attorney on your side who understands the unique issues involved.

Some of the critical issues that need to be addressed in a military judicial separation include:

  1. Jurisdiction: For a court to have jurisdiction over divorce, one of the spouses must be a resident of Colorado or be stationed in the state when the divorce is filed.

  2. Child Custody and Visitation: If you have children, custody and visitation will need to be determined. The child’s best interests are always the primary concern, but the military families have some unique considerations, such as deployment and relocation.

  3. Property Division: All property acquired during the marriage is subject to division in a Colorado divorce. The property division includes both military and civilian property.

  4. Alimony: Alimony, or spousal support, may be awarded in a military judicial separation if one spouse earns significantly more. The length of the marriage and the standard of living during the marriage will be considered when determining alimony.

HOW TO FILE FOR DIVORCE IN THE MILITARY

Military divorce can be a complicated process, but it can be resolved quickly and efficiently with the help of a qualified attorney. If you are a military member and are considering filing for divorce, here is some information on the process that you will need to know.

First, you must determine whether you meet the residency requirements for filing for divorce. To file for divorce, at least one spouse must have been a state resident for at least 90 days before filing. If both spouses reside in different forms, the divorce may be filed in either state as long as one spouse is a resident.

If you meet the residency requirements, you will need to file a Petition for Dissolution of Marriage with the court clerk in the county. The petition must be served on your spouse, who will have 20 days to respond. If your spouse does not respond within that time frame, the divorce will be granted by default.

If your spouse responds to the petition, you will need to attend a hearing in front of a judge. At this hearing, both spouses will have an opportunity to present their case and argue why the divorce should be granted. The judge will then decide on whether or not to give the divorce.

If you are granted a divorce, you will need to follow all of the terms and conditions outlined in the divorce decree. These terms and conditions will include child custody, property division, spousal support, and other essential matters. Once the divorce is finalized, it is necessary to keep in mind that you will need to comply with the terms of the divorce decree to avoid any legal complications in the future.

MILITARY DIVORCE GUIDE FAQ's

If you are in the military and going through a divorce, there are some specific things you need to know. Whether you are the one initiating the divorce or not, the process can be complicated and stressful. This guide will provide you with information on what to expect during a military divorce.

WHAT IS A MILITARY DIVORCE?

A military divorce is simply a divorce that involves one or both spouses being in the military. There are some unique aspects to these types of divorces, such as where they can take place and how property is divided. However, for the most part, the process is similar to any other divorce.

CAN FILE FOR A MILITARY DIVORCE?

To file for a military divorce, at least one of the spouses must be a military member. If both spouses are in the military, they can file for a divorce in any state where they are both residents. If only one spouse is in the military, they can file for a divorce in the state where they reside.

WHERE CAN A MILITARY DIVORCE TAKE PLACE?

If both spouses are in the military and reside in different states, they can file for a divorce in either state. If only one spouse is in the military, they can file for a divorce in their state of residence. However, if both spouses are stationed in one state, they can only file for a divorce in that state.

HOW IS PROPERTY DIVIDED IN A MILITARY DIVORCE?

In a military divorce, the property is divided according to the state’s laws where the divorce is taking place. If the divorce occurs in Colorado Springs, Colorado springs law will be used to determine how property is divided.

WHAT ARE THE RESIDENCY REQUIREMENTS FOR A MILITARY DIVORCE IN COLORADO?

To file for a military divorce, at least one of the spouses must have been a state resident for at least 90 days before filing. Additionally, if the couple has minor children, at least one parent must have been a resident of Colorado for at least six months before filing.

HOW LONG DOES A MILITARY DIVORCE TAKE?

The length of a military divorce can vary depending on the circumstances. If the couple agrees on all terms of the divorce, it can be completed relatively quickly. However, if there are contested issues, such as child custody or property division, the process can take longer.

WHAT ARE THE COSTS ASSOCIATED WITH A MILITARY DIVORCE?

There are several costs associated with a military divorce. These include filing fees, attorney’s fees, and other court-ordered charges. Additionally, each spouse is responsible for their own attorney’s fees and costs.

WHAT ARE THE GROUNDS FOR A MILITARY DIVORCE?

There are two grounds for a military divorce: fault and no-fault. Fault divorces are based on allegations of misconduct by one of the spouses, such as adultery or abuse. No-fault divorces are based on the idea that the marriage is no longer viable, regardless of who is at fault.

CAN A MILITARY DIVORCE BE FINALIZED OVERSEAS?

Yes, a military divorce can be finalized overseas. However, the couple must follow the state’s laws where the divorce occurs. If the divorce occurs in Colorado, Colorado law will be used to determine how property is divided, and child custody is determined.

WHAT HAPPENS TO MY MILITARY BENEFITS IN A MILITARY DIVORCE?

Both spouses retain their military benefits in a military divorce unless both parties expressly waive them. This means that if one spouse is awarded custody of the children, the other spouse will still be able to receive all of their military benefits. Additionally, if one spouse is ordered to pay child support or alimony, they will continue to receive their military benefits.

CAN I START A DIVORCE WHILE THE SERVICE MEMBER IS DEPLOYED?

It is possible to file for divorce while the service member is deployed, but a few things to consider. First, Colorado requires that one spouse be a state resident for at least 90 days before filing for divorce. This may pose a problem if the deployed spouse has not been stationed in Colorado for at least 90 days.

Second, it may be difficult to serve them with divorce papers even though it is possible to file for divorce while the service member is deployed. Helping someone with divorce papers can be complicated, and it may be challenging to do so when the person is deployed.

Finally, it is essential to consider the financial implications of filing for divorce while the service member is deployed. Deployment can be stressful, and the last thing you want is to add to that stress by worrying about the financial implications.

Suppose you are considering filing for divorce while the service member is deployed. In that case, it is essential to speak with an experienced divorce attorney who can help you understand the process and the potential implications.

CAN A MILITARY SPOUSE RECEIVE ALIMONY & CHILD SUPPORT?

Yes, a military spouse can receive alimony and child support in a divorce. However, as mentioned above, the amount of maintenance and child support they receive will depend on several factors, including the couple’s income and the division of marital property.

DOES BAH COUNT AS INCOME?

If you’re wondering whether your BAH benefits count as income, the answer is yes and no. While your BAH payments don’t technically count as taxable income, they are counted as “income” regarding food stamps, public housing, and other government assistance programs. So if you’re receiving any need-based assistance, your BAH payments could potentially affect your eligibility.

The best way to find out is to contact the program’s agency. They will be able to give you specific information about how your BAH benefits will affect your eligibility.

DOES RESERVE PAY COUNT AS INCOME?

Many service members and their families ask whether or not reserve pay counts as income. The answer is it depends on how you look at it.

Reserve pay can be considered taxable income, depending on how often you are paid. For example, your payment is likely taxable if you are paid for your reserve duty every month. However, if you only spend a few times a year, your income is likely not taxable.

There are also some exclusions to reserve pay being considered taxable income. For example, your taxation may exclude combat pay and other allowances.

IS VA DISABILITY COUNTED AS INCOME?

No, VA disability income is not the same as Social Security Disability Income. VA disability income is a benefit paid to veterans who have been injured or have a disease that has caused them to be permanently disabled.

To be eligible for VA disability income, you must have served on active duty in the military and meet other eligibility requirements. Social Security Disability Income is a benefit paid to people who cannot work because of a disability. To be eligible for Social Security Disability Income, you must have worked in the past and settled into the Social Security system. If you are not sure which benefits you may be eligible for, talk to a Benefits Counselor. They can help you determine which benefits you may be entitled to and help with the application process.

IS A FORMER SPOUSE ENTITLEMENT TO MILITARY RETIREMENT?

If you are the spouse of a military retiree, you may be entitled to a portion of their retirement pay. This is known as a “spousal annuity.”

To qualify for a spousal annuity, you must have been married to your spouse for at least ten years during active-duty military personnel. If you divorced after at least 20 years of marriage, you may still be eligible for benefits.

Your spouse’s retirement pay is calculated based on their length of service and rank. The amount you are entitled to will depend on these factors and your age and income.

Contact the military retirement office for more information if you think you may be eligible for a spousal annuity.

HOW TO CALCULATE A FORMER SPOUSE SHARE OF MILITARY RETIREMENT?

Military retirement pay is calculated by multiplying the number of years of service by the average of the highest three years of basic income. This amount is then divided by two to calculate the spouse’s share. For example, a military retiree with 20 years of service would receive 40% of their retirement pay as their spouse’s share.

The calculation for a military retiree with more than 20 years of service is slightly more complicated. The full retirement pay is calculated by multiplying the number of years of service by 2.5% and dividing that amount by 12. This result is then multiplied by the average of the highest three years of basic pay. The spouse’s share would be half of this amount or 25%.

Regardless of the number of years of service, the spouse’s share will never be less than 10%. The calculations ensure that the spouse receives some retirement pay, even if the military retiree dies first.

The calculations for disability retirement pay are also based on the number of years of service and the average of the highest three years of basic income. However, these calculations are more complicated and will not be covered in this article. If you want to learn more about disability retirement pay, please contact your local military personnel office.

WHAT IS THE SURVIVOR BENEFIT PLAN (SBP)

The Survivor Benefit Plan, or SBP, is a government-sponsored program that provides financial assistance to the survivors of military personnel who die while on active duty. The program allows eligible beneficiaries to receive a monthly payment for the remainder of their lives, which can help ease the financial burden associated with the death of a loved one.

To be eligible for SBP, you must be the widow or widower of a military service member who died while on active duty, or you must be the dependent child of a service member who died while on active duty. In addition, you must be enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) and have been confirmed as eligible for SBP benefits.

If you are eligible for SBP, you will need to elect select whether or not to participate in the program. If you choose to participate, you will be required to pay premiums for the coverage, which are deducted from your monthly benefits payments. The amount of the compensation is based on several factors, including your age and the amount of coverage you elect.

Once you have elected to participate in SBP, your coverage will remain effective as long as you pay premiums. If you cancel your coverage, you may re-enroll, but you will be required to pay back dividends plus interest for any period you were not covered.

If you are the spouse or dependent child of a service member who has died while on active duty, the Survivor Benefit Plan may be a valuable source of financial assistance. To learn more about the program and determine if you are eligible, visit the Defense Finance and Accounting Service website.