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Determining Jurisdiction in a Colorado Military Divorce

Jurisdiction is perhaps one of the most frustrating aspects of a military divorce, but it is also the most important one to get right.  By taking into account the legal residences of the military member, their spouse and the state where the service member is stationed, a Colorado Springs military divorce lawyer can help ensure your case has established the proper jurisdiction for your case.

  

Why is jurisdiction so important to the courts? 

Since divorce laws are determined by each state, it could be advantageous to your case to closely examine the laws of each potential state before deciding where to file.  First, it is important to understand your options in a military divorce:

  • Service members do not need to change their legal residence when they move to a different state for military purposes.  In fact, the Servicemembers Civil Relief Act (SCRA) allows a member of the military to live in one state while claiming residence in another. 
  • A military member’s spouse doesn’t have the same rights, however.  They are usually limited to the state where they currently reside, but must have also established residency in that state by living there for a specified period of time.
  • Because most states allow a military divorce to occur in the state where the military member is stationed, this can complicate the proceedings if a military relocation is required before the divorce is finalized. 

A Colorado Springs military divorce lawyer can help you make sense of jurisdiction, and determine whether it is in your best interest to file in Colorado.  Keep in mind that if you file for divorce in a state other than where you are currently living, you will be required to travel there for any appearances in court. 

 

 

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The lawyers/attorneys at Marrison Family Law serve clients in the Colorado Springs area and throughout southern Colorado, including the Air Force Academy, Fort Carson, Peterson Air Force Base, Schriever Air Force Base, NORAD and the cities of Pueblo, Canon City, Cripple Creek, Woodland Park, Castle Rock, Monument and Parker.

Disclaimer:  The information on this website is not legal advice.  No attorney-client relationship is created via the information on this website.  Blog articles and other items on this website are for nonspecific informational purposes only. The information on this website is not intended to address your specific legal problem. All legal situations are unique and you should consult with a lawyer for guidance based on the facts of your legal case.  The laws of Colorado and different jurisdictions may change since the publication of articles on this site.  You should never act based on the information on this website without first consulting with a licensed Colorado attorney.  The Marrison Family Law LLC assumes no liability for the interpretation or use of information on this website.

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