Military divorce presents unique challenges and considerations distinct from civilian divorces. For military families in Colorado Springs, navigating the complexities of military divorce requires a deep understanding of both state and federal laws. Baker Law Group, a leading Colorado law firm, is dedicated to helping military personnel and their spouses through this difficult process. This article provides a comprehensive guide on the key aspects of military divorce in Colorado Springs, including jurisdiction, division of military pensions, child custody, and more.
Understanding Military Divorce Jurisdiction
- Residency Requirements
Unlike civilian divorces where the residency of one spouse often dictates jurisdiction, military divorces can involve different states or even countries due to the nature of military assignments. In Colorado, you can file for divorce if:
- The service member is stationed in Colorado.
- The service member resides in Colorado.
- The non-military spouse resides in Colorado.
The SCRA provides certain protections to active-duty military members, including the ability to request a stay (delay) of court proceedings if their military service affects their ability to participate. This ensures that military duties do not disadvantage the service member in legal proceedings.
Division of Military Pensions and Benefits
The USFSPA allows state courts to treat military retirement pay as marital property subject to division during divorce. In Colorado, the court can award a portion of the military pension to the non-military spouse. Factors influencing this division include:
- Length of the marriage.
Overlapping period of marriage and military service.
- The 10/10 Rule
The 10/10 rule is crucial in determining direct payment of retirement benefits from the Defense Finance and Accounting Service (DFAS). It applies if the couple was married for at least ten years, with ten years of overlapping military service. Under this rule, the non-military spouse can receive their portion of the military retirement pay directly from DFAS.
- Survivor Benefit Plan (SBP)
The Survivor Benefit Plan allows the service member to provide continued income to a designated beneficiary (often the former spouse) after the service member’s death. During divorce negotiations, it’s important to address SBP coverage to ensure the non-military spouse’s financial security.
Child Custody and Support
- Child Custody Considerations
In military divorces, child custody can be particularly complex due to the possibility of relocation and deployments. Colorado courts prioritize the child’s best interests, considering factors such as:
- Stability and continuity of the child’s environment.
- Impact of the military parent’s deployment on the child’s well-being.
- Ability of each parent to provide for the child’s needs.
- Family Care Plan
Active-duty service members are required to have a Family Care Plan, which outlines arrangements for the care of their children during deployments. This plan can play a critical role in custody determinations, ensuring that there is a clear and practical plan for the child’s care in the service member’s absence.
- Child Support Calculations
Child support in Colorado is calculated based on the income of both parents, including military allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). The court ensures that child support payments are fair and sufficient to meet the child’s needs.
Spousal Support (Alimony)
- Factors Influencing Spousal Support
In determining spousal support, Colorado courts consider various factors, including:
- Duration of the marriage.
- Financial resources and needs of each spouse.
- Standard of living established during the marriage.
- Age and health of both parties.
- Contributions to the marriage, including homemaking and support for the military career.
- Impact of Military Benefits
Military benefits, including retirement pay and allowances, are factored into spousal support calculations. It’s important to accurately report and consider these benefits to ensure fair and adequate support.
Steps to Navigate Military Divorce
- Consult with a Specialized Attorney
Seek legal advice from an attorney experienced in military divorce. An initial consultation can help you understand your rights, options, and the specific laws that apply to your case.
- Gather Documentation
Collect all necessary documents, including military orders, pay stubs, retirement account statements, and any existing Family Care Plans. Comprehensive documentation is crucial for an accurate assessment and fair division of assets.
- Develop a Parenting Plan
Work on a parenting plan that accommodates the unique challenges of military life, such as deployments and relocations. This plan should prioritize the child’s best interests and provide stability.
- Negotiate Property Division
Negotiate the division of marital assets, including military pensions and benefits. Consider the long-term financial impact of these decisions and aim for an equitable distribution.
- Address Spousal and Child Support
Ensure that spousal and child support calculations accurately reflect all income sources, including military allowances. Fair support arrangements are essential for financial stability post-divorce.
- File for Divorce
File for divorce in the appropriate jurisdiction, considering the residency requirements and SCRA protections. Follow all legal procedures and deadlines to avoid delays.
Contact a Colorado Springs Family Lawyer From Baker Law Group
Navigating the intricacies of military divorce requires specialized knowledge and experience. Baker Law Group is committed to providing comprehensive legal support to military families in Colorado Springs. Our experienced family lawyers understand the unique challenges faced by military personnel and their spouses and are dedicated to protecting your rights and interests throughout the divorce process.
If you are facing a military divorce, it’s essential to have skilled legal representation to guide you through the process. Contact Baker Law Group today to schedule a consultation with our knowledgeable Colorado Springs family lawyers. Let us help you navigate the complexities of military divorce and secure a favorable outcome for you and your family.
