HOW DO MILITARY DIVORCE PROCEEDINGS WORK IN COLORADO?
Military divorce proceedings in Colorado follow the same court process as any Colorado divorce: a petition in district court, service, financial disclosures, mediation where local orders require it (as they do in El Paso and Teller counties), and a decree no sooner than 91 days after the court has jurisdiction over the responding spouse. What sets a military case apart is federal law, from protections for a service member who cannot appear to the order the Defense Finance and Accounting Service (DFAS) needs to pay a former spouse's share of retired pay.
Around Colorado Springs, these cases often involve families at Fort Carson, Peterson Space Force Base, Schriever Space Force Base, the U.S. Air Force Academy and Cheyenne Mountain Space Force Station, and most are filed in the Fourth Judicial District (El Paso and Teller counties). Below are the steps in order; our full guide to Colorado military divorce covers pensions, benefits and support in depth.
TABLE OF CONTENTS
- Filing for a Military Divorce
- Military Divorce Guide
- Frequently Asked Questions
- Talking With a Colorado Springs Military Divorce Attorney
- Sources
FILING FOR A MILITARY DIVORCE
Military divorce proceedings take their toll on even the steadiest of spouses. The stress of separation and divorce, compounded by the complexity of military laws and court systems, can cause even the strongest relationships to crumble.
The decision to divorce is one that should be thought through thoroughly, weighed carefully, and never rushed. Military divorce proceedings follow the same basic process as a civilian divorce in Colorado, but federal rules add steps that civilian cases do not have.
Step 1: Decide Where to File
Under C.R.S. 14-10-106, one spouse must have been domiciled in Colorado for 91 days before the case is filed. Being stationed here is not the same thing: in Viernes v. District Court, 181 Colo. 284, 509 P.2d 306 (1973), the Colorado Supreme Court held that mere presence here as a member of the armed forces is not enough, although a service member can establish a Colorado domicile. The non-military spouse's Colorado domicile can also satisfy the rule.
Two other tests can point elsewhere. A court can divide military retired pay only if it has jurisdiction over the member through residence not due to military assignment, domicile, or consent (10 U.S.C. 1408(c)(4)). The parenting case generally belongs in the child's home state, where the child lived with a parent for at least 182 consecutive days before filing (C.R.S. 14-13-102; C.R.S. 14-13-201).
Step 2: File the Petition in the Fourth Judicial District
El Paso County cases are filed with the El Paso Combined Court in the El Paso County Judicial Building, 270 S. Tejon Street (court information); Teller County cases are filed in Teller County, also part of the Fourth Judicial District. The petition form is JDF 1011, and the List of Fees shows $260 to file and $146 to respond (January 2025, subject to change).
Spouses who agree can file together and skip formal service; see our page on uncontested divorce in Colorado.
Step 3: Serve the Service Member
Otherwise, your spouse must be formally notified. The Judicial Branch's guide to serving court papers calls a signed waiver the easiest option; if your spouse will not sign, the sheriff, a process server, or an uninvolved adult over 18 must deliver the papers, not you.
The summons, JDF 1012, allows 21 days to respond if served in Colorado and 35 days if served outside Colorado or by publication, so a member stationed in another state generally has 35 days.
Step 4: Apply the Servicemembers Civil Relief Act
The federal Servicemembers Civil Relief Act (SCRA) does not prevent a divorce from being filed, but it protects a member whose duties keep them from taking part, in custody matters as well as the rest of the case.
- Defaults. If the respondent does not appear, the court must require an affidavit on military status and, for a member, appoint an attorney before entering judgment; it must stay the case at least 90 days if that attorney cannot reach the member or a defense may need the member's presence (50 U.S.C. 3931). A default entered during service or within 60 days after can be reopened if service materially affected the defense and the member has a meritorious or legal defense, on application within 90 days after service ends.
- Stays on request. A member with notice of the case gets a stay of at least 90 days by filing a letter on how current duties materially affect the ability to appear, with an availability date, and a commanding officer's letter that duty prevents appearance and leave is not authorized (50 U.S.C. 3932). More time can be requested; if the court refuses, it must appoint counsel. A stay request is not an appearance and waives no defense.
El Paso County builds these rules into its forms: a petitioner seeking a default must complete an Affidavit Regarding Military Service (FCF 610) before final orders, and a member can request a stay on FCF 611. A stay pauses the case; it does not end it.
Step 5: Follow the Case Management Order
In El Paso County, the Domestic Relations Case Management Order (FCF 400, revised August 2026) requires an initial status conference within 42 days of filing and the C.R.C.P. 16.2 financial disclosures within 42 days of service. Parents of children under 18 must attend a Level 1 parenting seminar within 42 days of filing.
Gather Leave and Earnings Statements, any Guard or Reserve retirement points statement, and Thrift Savings Plan statements early. A party living outside El Paso County or outside Colorado may ask the court for permission to appear remotely (forms JDF 1309 and 1310), ideally at least 14 days before the court date.
Step 6: Mediate Before Any Hearing
The Fourth Judicial District's mediation order (FCF 300A) requires a remote session of at least two hours before a court hearing in family cases in El Paso and Teller counties. A party alleging physical or psychological abuse may move to waive it. Request it early: FCF 400 says scheduling typically takes at least four weeks.
Step 7: Final Orders and the 91-Day Wait
No decree can enter until 91 days after the court acquires jurisdiction over the respondent. Issues still disputed after mediation go to a final orders hearing; our Colorado divorce timeline walks through that sequence.
MILITARY DIVORCE GUIDE
Military divorce proceedings contain certain complexities that civilian divorces don't. These nuances are something to consider when you are evaluating a divorce attorney for your case.
When you hire an attorney to handle your Colorado Springs divorce case, look for one who regularly handles military divorce proceedings and can explain SCRA stays, DFAS orders and deployment rules. Our Colorado Springs military divorce lawyer page explains how the firm handles these cases.
Base legal offices can also advise eligible members and families. Fort Carson's Legal Assistance Office lists family law, including divorce, among its services, and the Peterson-Schriever Garrison Legal Office lists separations, divorce and child custody while noting that it does not represent members in court.
Adultery and Fault
One of the primary concerns about military divorce proceedings is adultery. For a service member, extramarital sexual conduct can also be prosecuted under Article 134 of the Uniform Code of Military Justice when it is prejudicial to good order and discipline or service discrediting (10 U.S.C. 934). As the nation's highest military court noted in 2024, the Manual for Courts-Martial says conduct that is private and discreet may not be service discrediting, although it may still be found prejudicial to good order and discipline.
The problem with cheating lies in the dishonesty it involves. In a Colorado divorce, though, an affair is not a ground: the only ground is that the marriage is irretrievably broken (C.R.S. 14-10-106), and property and maintenance are decided without regard to marital misconduct (C.R.S. 14-10-113; C.R.S. 14-10-114). If marital money was spent on an affair, see our article on marital waste in Colorado.
Alimony, Which Colorado Calls Maintenance
The next issue to address when you're going through military divorce proceedings is alimony. There is no military judge in a Colorado divorce: maintenance, the Colorado term for alimony, is decided by the Colorado court under C.R.S. 14-10-114.
Its advisory guidelines apply to marriages of at least three years with combined annual adjusted gross income of $240,000 or less, and they do not create a presumptive amount or term. Since August 6, 2025, the factors include domestic violence, coercive control and economic abuse (SB25-116). Our guide to alimony in Colorado explains the calculation.
Retired Pay and Legal Separation
There are also differences between dividing retired pay and getting a legal separation. Retired pay is usually divided as property, not paid as support: the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. 1408, lets a state court treat disposable retired pay as property. In In re Marriage of Gallo, 752 P.2d 47 (Colo. 1988), the Colorado Supreme Court held that vested and matured military retirement pay accrued during all or part of a marriage is marital property subject to equitable (fair, not necessarily equal) distribution.
The amount a court can divide is often smaller than gross retired pay, because disposable retired pay excludes items such as retired pay the member waives to receive VA disability compensation (10 U.S.C. 1408(a)(4)(A)). Under Howell v. Howell (2017), a state court may not order the veteran to make up the former spouse's loss from that waiver, although it may take the reduction into account when it addresses spousal support.
Legal separation is a type of case, not a payment. A court can enter a decree of legal separation instead of a divorce (C.R.S. 14-10-106), section 1408 applies to either decree, and either spouse can ask to convert the separation into a divorce no earlier than 182 days after the decree (C.R.S. 14-10-120). Our comparison of legal separation vs. divorce in Colorado covers the trade-offs.
Retired pay should be addressed during the divorce proceedings. It helps a great deal if you and your spouse can agree on how it will be divided, because a court battle over retired pay can cost both sides a lot of money.
What DFAS Needs From the Order
The right to a share comes from the Colorado court order, and DFAS pays a former spouse directly only when that order meets federal requirements.
| Requirement | What it means | Source |
|---|---|---|
| Form of the award | A fixed dollar amount or a percentage of disposable retired pay; if the member was on active duty at divorce, an acceptable formula or hypothetical award. | DFAS legal requirements |
| Frozen benefit details | For a decree that became final after December 23, 2016 and before the member retired: the high-3 amount and years of service (or, for Guard and Reserve members, reserve points) at the divorce, or DFAS will not approve the order. | DFAS order requirements; 10 U.S.C. 1408(a)(4)(B) |
| SCRA certification | The order or papers served with it must certify that the member's SCRA rights were observed. | 10 U.S.C. 1408(b)(1)(D) |
| 10/10 for direct pay | DFAS pays directly only if the marriage lasted at least 10 years, overlapping at least 10 years of creditable service; otherwise the court can still award a share, but the member pays it. | 10 U.S.C. 1408(d)(2) |
| 50 percent limit | DFAS pays no more than 50 percent of disposable retired pay under all orders dividing it as property, and a court cannot order a member to retire to start the payments. | 10 U.S.C. 1408(e)(1), (c)(3) |
| Application | DD Form 2293 signed by the former spouse, with a copy of the order certified by the clerk of court. Payments start within 90 days after effective service, or within 90 days after retired pay begins if that is later. | DFAS, how to apply; 1408(d)(1) |
If the decree awards former spouse Survivor Benefit Plan coverage, the former spouse's deemed election request must reach DFAS within one year of the order (DFAS deemed election; 10 U.S.C. 1450(f)(3)). A Thrift Savings Plan account is separate from retired pay: to divide it, the decree or a separate order must name the Thrift Savings Plan and meet the TSP's requirements for a retirement benefits court order.
Health Care Coverage
Another part of the divorce that will significantly impact the finances is the health care plan. An unremarried former spouse without employer-sponsored coverage keeps TRICARE under the 20/20/20 rule: at least 20 years of marriage overlapping at least 20 years of creditable service (10 U.S.C. 1072(2)(F)). Under the 20/20/15 rule, where the marriage and the service each lasted at least 20 years but overlapped for at least 15 and fewer than 20, coverage lasts only until one year after the final decree (1072(2)(H)).
Otherwise, an unremarried former spouse covered the day before the decree can generally buy up to 36 months of coverage through the Continued Health Care Benefit Program by electing within 60 days after losing eligibility (10 U.S.C. 1078a). Coverage can continue longer for a former spouse who has not remarried before age 55, was covered at some point in the 18 months before the decree, and receives, or has a court order or written agreement for, a share of retired pay or a survivor annuity (1078a(g)(4)).
Unfortunately, many spouses do not realize this until after the decree, which can be a serious problem for someone with a medical condition who depends on prescriptions. This is one way a Colorado military divorce attorney can help you plan for coverage before the case ends. You can find more military divorce articles on our blog.
Child Support
Child support is another area where legal help can protect your family's finances. Colorado calculates support under C.R.S. 14-10-115 from both parents' incomes, counting income from any source; it does not name the Basic Allowance for Housing, so address that allowance directly. The Colorado Court of Appeals held in In re Parental Responsibilities Concerning M.E.R-L., 2020 COA 173, that a trial court did not err by including a father's VA disability benefits in his gross income.
An attorney who knows Colorado's guidelines can help you protect your children and give you peace of mind. A Colorado Springs child support lawyer can also help you propose a payment schedule that works for both households, and our overview of child support in Colorado explains the guidelines.
Parenting Time and Deployment
Colorado calls what most people know as custody the allocation of parental responsibilities, decided by the child's best interests under C.R.S. 14-10-124. Deployment brings in the Uniform Deployed Parents Custody and Visitation Act, C.R.S. Title 14, Article 13.7. Under C.R.S. 14-13.7-107, a parent's past or possible future deployment cannot by itself be the sole basis for deciding the child's best interests.
| Stage | What the Act provides | Statute |
|---|---|---|
| Orders arrive | If custody is already decided, the deploying parent must notify the other parent in a record (on paper or electronically) within 12 calendar days of receiving orders, or as soon as reasonably possible if the circumstances of service prevent it, and each parent must give the other a plan for the deployment. | 14-13.7-105 |
| Parents agree | A written agreement signed by both parents can cover the deployment and be submitted to the court for approval. | 14-13.7-201 |
| The court steps in | After notice of deployment, the court may enter an interim order, but no permanent order without the deploying parent's consent. A motion filed before deployment gets an expedited hearing, and a party or witness who is not reasonably available may testify electronically. | 14-13.7-302, 303, 304 |
| Family help | On the deploying parent's motion, the court may give caretaking authority to an adult relative or another adult close to the child, generally limited to the deploying parent's time unless the other parent agrees. | 14-13.7-306 |
| Return home | Without a filed agreement, an interim court order ends 35 days after the deploying parent gives notice of return. | 14-13.7-404 |
For how parental responsibilities cases work more broadly, see our Colorado Springs child custody lawyers page.
Remarriage and Military Retirement Benefits
You should also know how remarriage affects military benefits, because the answer differs for each one. Retired pay itself depends on both years of service and pay: for members who joined after September 7, 1980, the retired pay base is the average of the highest 36 months of basic pay (10 U.S.C. 1407).
- Payments of a property share of retired pay end as the court order provides, and no later than the death of the member or the former spouse (10 U.S.C. 1408(d)(4)). Remarriage is not on that list, so in an ordinary case it does not end the share unless the order says so.
- A Survivor Benefit Plan annuity stops if the former spouse remarries before age 55, and resumes if that marriage later ends (10 U.S.C. 1450(b)).
- TRICARE under the 20/20/20 and 20/20/15 rules is only for a former spouse who has not remarried.
A Colorado Springs divorce attorney can help you understand how the decree treats your pension and other benefits before you sign it, so you can plan for the rest of your life.
FREQUENTLY ASKED QUESTIONS
How Long Does a Military Divorce Take in Colorado?
No decree can enter until at least 91 days after the court acquires jurisdiction over the responding spouse, and contested cases take longer. An SCRA stay, when granted, pauses the case for at least 90 days, and in El Paso County mediation is typically scheduled at least four weeks after a request.
Where Do I File for a Military Divorce in Colorado Springs?
For an El Paso County case, in district court at the El Paso Combined Court, 270 S. Tejon Street, part of the Fourth Judicial District. One spouse must have been domiciled in Colorado for 91 days before filing, and being stationed here is not enough by itself.
Can a Service Member Stop a Divorce With an SCRA Stay?
No. A qualifying request pauses the case for at least 90 days, and more time is possible while duty keeps affecting the member's ability to appear, but a stay does not end the case. If the court refuses an additional stay, it must appoint counsel for the member.
What Does DFAS Need to Pay a Former Spouse's Share of Retired Pay?
A DD Form 2293 signed by the former spouse and a clerk-certified order that awards a fixed amount or percentage of disposable retired pay (or, for a member on active duty at the divorce, an acceptable formula) and certifies that SCRA rights were observed. A decree that became final after December 23, 2016, before the member retired, must also state the member's high-3 amount and years of service or reserve points. Direct payment requires the 10/10 overlap and is capped at 50 percent of disposable retired pay.
Is Adultery Grounds for a Military Divorce in Colorado?
No. The only ground is that the marriage is irretrievably broken, and property and maintenance are decided without regard to marital misconduct. Extramarital conduct can be a separate matter under military law, but it is not a reason for the Colorado court to grant the divorce or to give either spouse more property or maintenance, although marital money spent on an affair may be raised as marital waste.
TALKING WITH A COLORADO SPRINGS MILITARY DIVORCE ATTORNEY
Some steps in a military divorce, such as a retired pay order DFAS will accept or a Survivor Benefit Plan deadline, are hard to fix later, so it helps to talk with a lawyer before you file or soon after you are served.
Moran, Allen & Associates Family Law Attorneys works with service members and military spouses in El Paso and Teller counties. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation.
This article is general information about Colorado and federal law as of October 2026 and is not legal advice. Laws and local court orders change, and the answer depends on your dates of service, marriage and residence, so speak with a licensed Colorado attorney about your situation.
SOURCES
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation (with annotations to Viernes v. District Court)
- C.R.S. 14-10-113, Disposition of Property (with annotation to In re Marriage of Gallo)
- C.R.S. 14-10-114, Spousal Maintenance
- SB25-116, Spousal Maintenance Guidelines (signed May 19, 2025, effective August 6, 2025)
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. 14-10-120, Converting a Legal Separation to a Divorce
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 14-13-102, UCCJEA Definitions (Home State)
- C.R.S. 14-13-201, Initial Child-Custody Jurisdiction
- C.R.S. Title 14, Article 13.7, Uniform Deployed Parents Custody and Visitation Act
- C.R.S. 14-13.7-105, Notification Required of Deploying Parent
- C.R.S. 14-13.7-107, Consideration of a Parent's Military Service
- C.R.S. 14-13.7-201, Form of Agreement
- C.R.S. 14-13.7-302, Proceeding for Interim Custody Order
- C.R.S. 14-13.7-303, Expedited Hearing
- C.R.S. 14-13.7-304, Testimony by Electronic Means
- C.R.S. 14-13.7-306, Caretaking Authority for a Nonparent
- C.R.S. 14-13.7-404, Termination of Interim Order
- 10 U.S.C. 1408, Uniformed Services Former Spouses' Protection Act
- 10 U.S.C. 1407, Retired Pay Base (High-Three Average)
- 10 U.S.C. 1072, Definitions (Former Spouse TRICARE Eligibility)
- 10 U.S.C. 1078a, Continued Health Benefits Coverage
- 10 U.S.C. 1450, Survivor Benefit Plan Annuities and Deemed Elections
- 10 U.S.C. 934, Article 134, Uniform Code of Military Justice
- 50 U.S.C. 3931, SCRA Protection Against Default Judgments
- 50 U.S.C. 3932, SCRA Stay of Proceedings
- In re Parental Responsibilities Concerning M.E.R-L., 2020 COA 173 (Colo. App. Dec. 17, 2020)
- Colorado Judicial Branch, JDF 1011 Petition for Divorce or Legal Separation
- Colorado Judicial Branch, JDF 1012 Summons for Divorce or Legal Separation
- Colorado Judicial Branch, List of Fees
- Colorado Judicial Branch, How to Serve Court Papers in Divorce or Custody Cases
- El Paso County District Court, Domestic Relations Case Management Order (FCF 400, rev. August 2026)
- Fourth Judicial District, Mediation and ADR Order (FCF 300A)
- Colorado Judicial Legal Help Center, El Paso Combined Court
- Defense Finance and Accounting Service, Former Spouses' Protection Act Legal Requirements
- Defense Finance and Accounting Service, NDAA 2017 Court Order Requirements
- Defense Finance and Accounting Service, How to Apply
- Defense Finance and Accounting Service, Former Spouse SBP Deemed Election
- Thrift Savings Plan, Retirement Benefits Court Order
- Thrift Savings Plan, Court Orders and Powers of Attorney (TSPBK11, February 2025)
Research references
- Supreme Court of the United States, Howell v. Howell, No. 15-1031 (May 15, 2017), on indemnifying a former spouse for retired pay waived to receive VA disability compensation.
- United States Court of Appeals for the Armed Forces, United States v. Wells, No. 23-0219/AF (September 24, 2024), discussing extramarital sexual conduct under Article 134 and the Manual for Courts-Martial, Part IV, paragraph 99.
- U.S. Army, Fort Carson Office of the Staff Judge Advocate, Legal Assistance page.
- U.S. Space Force, Peterson-Schriever Garrison Legal Office page.