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Military Divorce - Protect Your Rights While Deployed

Friday, 12 February 2010

Getting a divorce while on active military duty brings its own set of challenges.  Whether you are on active duty in the U.S. Navy, Army, Air Force, Marines or Coast Guard, there are a certain laws in place that will protect you from civil judgments and liabilities while you are still on active duty.  If your divorce will occur in the state of Colorado, a Colorado Springs Military Divorce Lawyer can guide you through this process.

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The Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA) goes into effect from the time you receive your active-duty orders, and in addition to protecting you from other specific judgments, it also prevents a spouse from filing for divorce and obtaining child custody rights without your knowledge. In fact, your spouse cannot take any action on a divorce before you are served with the divorce papers and a request for custody, which is often difficult to accomplish while a soldier is on active duty.

Military pensions and emergency child support arrangements are often decided by Federal law, but the laws of Colorado will cover every other matter of a military divorce.   In order to establish jurisdiction, one party in the divorce must be a legal resident of Colorado.  But remember, just because you or your spouse is deployed to Peterson AFB or Fort Carson, you will not necessarily have residency in the state of Colorado.  A Colorado Springs Military Divorce Lawyer can help you in determining whether the state will have jurisdiction over your case. 

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