While in many cases, both spouses can be physically present for the divorce proceedings, with multiple overseas deployments, it is often impossible for a military couple to be in the same place at the same time. In cases like these, I highly recommend an online military divorce.
Before embarking on this process, a Colorado Springs military divorce lawyer will help you sort through the peculiarities with determining jurisdiction. Because military divorces are governed by a combination of state and federal laws, establishing jurisdiction for your case is an important first step.
First, since many military couples have not established legal residency in the state, a state court must establish personal jurisdiction over the parties. This can be based on where you are stationed, where you or your spouse currently lives, or the state where the member of the military is considered a resident. Secondly, Colorado must also establish “subject-matter jurisdiction” over the matter in dispute. To summarize, the Colorado county courthouse must have established both personal and subject-matter jurisdiction in order to hear your case.
Dividing Military Pensions
In addition to matters of jurisdiction, a military divorce also involves the division of marital assets. While the Defense Finance and Accounting Service (DFAS) administers the payment of all military benefits and pensions, the division of this “marital property” will be subject to the equitable distribution laws of Colorado. However, military retirements are subject to a formula that is enforced by federal law. It essentially calculates a spouse’s share of the benefits based on the number of years the couple was married compared the total number of years a spouse has served in the military.
Getting an online military divorce in Colorado Springs is possible, even if you are stationed in Iraq or Afghanistan. While it can be tricky, a Colorado Springs military divorce lawyer can assist in the initiation, paperwork, and processing of all filings, most of which can be done entirely by email.