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Colorado Springs Military Divorce Lawyer: How will Jurisdiction Affect Your Divorce?

Monday, 07 June 2010

blog-logoColorado Springs based military personnel and service members who are getting divorced face a whole host of issues that the average divorcing couple doesn't need to worry about.  There are questions about military pensions, custody for active-duty service members and the effects of military relocation on parenting time.  But one of the most confusing issues to resolve is deciding on the proper jurisdiction for the divorce action.  If you are anticipating a divorce in the near future, it makes sense to consult with a Colorado Springs military divorce lawyer before signing an Affidavit of Service or any other divorce papers. 

In Colorado Springs, divorce lawyers are often asked questions about jurisdiction in a military divorce.  Since this can be such a confusing topic, I will outline the basics here.  

Because a service member often moves around, there are three distinct places where a divorce can be initiated.  They include:

  • The domicile state of the service member
  • The legal residence of the spouse
  • The state where the service member is currently stationed

Since in many cases these locations are in three different states, it is important to ask your divorce attorney to file for jurisdiction in the state with the laws that will be most beneficial to your case.  Getting this aspect of your divorce right can be crucial to its outcome. 

Military retirement benefits can be impacted by the state where a military divorce is filed, and the laws of that state may or may not grant a spouse the ability to share in that pension.  Because of the Uniformed Service Former Spouses Protection Act (USFSPA), filing in the state where the service member has his or her legal residence will ensure that the service member’s spouse is able to obtain a portion of their military pension. However, for the service member, filing in their state of legal residence may not be the best idea. 

You should consult with a local Colorado Springs Military Divorce Lawyer to make jurisdiction in a military divorce work in your favor.  To learn more visit this page: divorce and the military for Colorado Springs residents.

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