Military Divorce Lawyers

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Navigating divorce is already a challenging and emotionally taxing experience, and when either spouse is a part of the military, it introduces an added layer of complexity.

As one of Colorado Springs’ esteemed law firms, Marrison Family Law possesses an intimate understanding of the unique rules and procedures governing military divorce. Our accomplished military divorce attorneys in Colorado Springs have assisted numerous families, and we stand ready to guide you through this intricate process.

For our military clients, we extend a 10% discount on legal services, honoring both veterans and active-duty military personnel.

Determining Jurisdiction for Your Military Divorce

Military divorce presents distinctive challenges, as it involves a blend of state and federal laws. While federal laws govern aspects like military pensions and certain emergency child support orders, state laws remain applicable to all other facets of divorce.

In a standard divorce, legal residency in the state is a prerequisite. However, with military divorces, establishing legal residency in Colorado may be complex, especially if neither spouse has done so. Consulting with a knowledgeable military divorce lawyer becomes crucial. Deployment from Fort Carson, Schriever, or Peterson AFB doesn't automatically confer Colorado residency. Identifying the appropriate jurisdiction for your case is a critical initial step, necessitating the expertise of a military divorce attorney in Colorado Springs.

Military divorce cases in Colorado entail inherent complexities, making the involvement of a skilled military divorce lawyer essential. The state's jurisdiction is determined by two key factors: establishing personal jurisdiction over the parties and subject matter jurisdiction. Personal jurisdiction may be based on where you are stationed, where you or your spouse resides, or the claimed residency of the military member. Subject matter jurisdiction ensures the state court has the authority to adjudicate the matter. Navigating these jurisdictional intricacies demands the expertise of a seasoned military divorce lawyer.

DFAS and Military Pensions in Colorado

The Defense Finance and Accounting Service (DFAS) manages military retirement benefits and pensions nationwide, including in Colorado. In divorce proceedings, assets acquired during the marriage, including DFAS benefits, are subject to Colorado's "equitable distribution" laws. A proficient military divorce attorney in Colorado Springs is indispensable for navigating this process and securing a fair outcome.

Military retirements are subject to a Federal formula, often referred to as the "Hunt/Gallo" formula in Colorado. This formula calculates the spouse's share based on [years in service while married]/[total years in service] divided by two. While this formula is fixed by Federal law, adjustments to other assets may be made by the court for equitable distribution. Relying on experienced military divorce lawyers is crucial to ensure a just division of assets.

Regarding medical benefits, a military spouse is entitled to lifelong benefits if the couple was married for more than twenty years while the service member was in the military. Understanding the implications of this law requires the insights of an experienced military divorce attorney in Colorado Springs. The 20/20-year rule may influence the timing of divorce filings for disabled spouses, and military divorce lawyers can provide valuable guidance in making informed decisions.

Active-Duty Divorce

Divorcing while on active duty is a nuanced process, and our military divorce lawyers are well-versed in navigating these intricacies. Our legal team is equipped to assist soldiers in initiating or responding to divorce filings, even when deployed overseas. Notably, a divorce process can be initiated via email, a convenience we extend to our military clients.

Many of our military clients have successfully obtained divorces via email while deployed overseas. Although a signed fee agreement is sent by conventional mail, all other legal correspondence can occur through email or telephone.

If you are a member of the military contemplating divorce in the Colorado Springs area, contact our military divorce lawyers at (719) 577-9292. We are poised to address your questions, guide you on the best course of action, and assure you of a 100% confidential consultation, with no obligations or risks involved.

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