If you’re in the military and getting a divorce, you may start to see the words “military divorce” associated with family law firms. Just to be clear, a “military divorce” is not a specific proceeding; it is just the same as any other “Dissolution of Marriage” action in the state of Colorado. It does not take place in a military courtroom, but in front of the same domestic relations judges that preside over civilian divorces. The only reason “military divorce” is such a big part of an attorney’s practice in Colorado Springs is that the Armed Forces have such a large presence in the region.
Child custody is complicated enough in a civilian divorce, but when you are serving in the military it can be downright confusing. It’s not that a military spouse cannot argue for custody in a military divorce, but there has always been an unspoken assumption that military members would not win a custody battle. That may have been true when men made up a larger portion of the military, but apparently it is no longer the case.
Getting divorced while serving in the military? If there is one way to determine if you are talking to the right divorce attorney, ask them to explain the steps they would take in handling your military divorce. And even more importantly; be sure they can help you in your “jurisdiction of choice.” A Colorado Springs military divorce attorney will have a lot of experience in the various aspects of your divorce proceedings and will be able to file motions on your behalf while you are on active duty.
How can military divorce lawyers work behind the scenes on your behalf?
If you’re worried about getting a divorce while serving on active duty in the military, you have good reason to be concerned. Not only can it affect your skill level and concentration on the job; you may also have concerns about your military retired pay and other benefits. In many ways, a military divorce is much different than a traditional one, plus there is the burden of knowing that something is going on back home and you cannot address it. If you are stationed at one of the many military bases in Colorado Springs, you will soon learn that this is a great place to find military divorce lawyers.
If there is one thing that makes a military service member nervous, it is the prospect of losing part of his or her retirement in a divorce settlement. Whether on the front lines in Iraq or Afghanistan, training soldiers at U.S. Air Force Academy or working behind the scenes elsewhere, military personnel rely on their retirement benefits as a reward for their many years of hard work. However, since Colorado military divorce laws call for the equitable distribution of marital assets, service members often worry about its impact on their retirement pay.
As a Colorado Springs attorney who specializes in collecting child support from military non-custodial parents, I know how many Colorado parents are confused about their enforcement options. Like any other situation where child support enforcement is required, the military has a unique set of rules. Knowing the system is a key element to successfully collecting a portion of military pay towards child support.
The Colorado Springs area has been a hub for the U.S. military ever since 1942, when Camp Carson was erected shortly after the Pearl Harbor attack. Since then the city has attracted several other military installations, and is now home to some of the finest facilities in the nation. Unfortunately, along with serving our country in two wars, many service members are dealing with the realities of getting divorced.
Whether you are stationed at Peterson AFB, Fort Carson, the U.S. Air Force Academy or Schriever Air Force Base, you may be dealing with a military divorce. One thing that is very important to understand is this: military divorce is a lot more complicated than your typical Colorado Springs divorce. And while most Colorado Springs divorce lawyers are somewhat familiar with military divorce, not all of them are qualified to take on your case.
Whether you are still on active duty or currently in retirement, getting divorced can seriously impact how much of your military retirement benefits you will get to keep. But what many people don’t realize is that there are specific rules in place to handle military retirement in a divorce, and those rules are the same no matter which state you live in.
Each state must abide by the same formulas, set forth by the Department of Defense relating to the calculation of military retired pay in divorce, so the only wild card in these cases is the percentage of a service member’s retirement that each party will receive. There are a number of factors that go into this decision, but the most important ones are the length of the marriage, the relative income of the non-military ex-spouse and the health of the parties. Learning about how these factors will impact a court’s decision is key to keeping your fair share of military retirement in a divorce, and for this you will need an experienced military divorce attorney.
Military divorce attorneys in Colorado Springs have found that most of the litigation that takes place in their cases revolves around the division of military retirement in divorce. Already far more complicated than traditional divorce, military divorce is regulated by both state and federal court systems, so it is highly recommended that an experienced military divorce lawyer is involved from the very beginning.
Colorado Springs has a very strong military presence, with many soldiers moving in and out of the area all year round. With so many military families experiencing long deployments in Iraq and Afghanistan, it is no wonder that military divorce is on the rise. Unfortunately, the fallout of this crisis can have a serious impact on their children. If you have concerns about a long deployment and its potential impact on custody, consult with a Colorado Springs military divorce lawyer.