Colorado Springs, home to a significant military population, faces a unique set of challenges when it comes to divorce. The complexities of military life, including frequent deployments, unique benefits, and specialized legal considerations, significantly impact the divorce process. This guide provides crucial information for service members and their spouses navigating military divorce in Colorado Springs.
What Makes Military Divorce Different?
Military divorce differs significantly from civilian divorce due to several factors:
- The Servicemembers Civil Relief Act (SCRA): This federal law provides crucial protections to service members, influencing aspects like deadlines, interest rates on debts, and protection from default judgments. Understanding the SCRA is vital in any military divorce.
- Military Retirement Pay: Division of military retirement pay is a complex issue often requiring expert legal counsel. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how this is handled.
- Deployment and Geographic Separation: Deployments can create significant logistical and emotional hurdles, delaying the process and impacting negotiations. The physical separation can also complicate asset division and child custody arrangements.
- Military Benefits: Health insurance (TRICARE), housing allowances (BAH), and other benefits are frequently subject to negotiation and division during the divorce proceedings.
- Jurisdiction: Determining the appropriate jurisdiction for filing can be complicated if one or both parties are stationed outside of Colorado Springs or Colorado.
How Long Does a Military Divorce Take in Colorado Springs?
The duration of a military divorce in Colorado Springs varies greatly depending on several factors, including the complexity of the case, the willingness of the parties to cooperate, and the court's docket. Simple, uncontested divorces might be finalized within a few months, while highly contested cases involving significant assets or child custody disputes could take considerably longer, potentially extending over a year or more.
What are the Common Issues in Military Divorces in Colorado Springs?
Several key issues frequently arise in military divorces:
- Division of Military Retirement Pay: This is often the most significant asset in a military divorce, and the USFSPA outlines the rules for its division.
- Child Custody and Support: Deployments and frequent relocations can complicate child custody arrangements, requiring careful consideration of visitation schedules and child support payments.
- Spousal Support (Alimony): The military spouse’s potential for earning capacity, impacted by career interruptions due to relocation and family responsibilities, plays a key role in determining spousal support.
- Division of Property: Identifying and dividing marital assets can be challenging, particularly when assets are located in different locations or involve military-specific benefits.
Can I File for Divorce in Colorado Springs if My Spouse is Deployed?
Yes, you can file for divorce in Colorado Springs even if your spouse is deployed. However, serving your spouse with the necessary legal documents might require additional steps, possibly involving the military's legal assistance office. The SCRA provides protections regarding service of process during deployment, extending deadlines.
What is the Cost of a Military Divorce in Colorado Springs?
The cost of a military divorce in Colorado Springs varies depending on the complexity of the case and the level of legal representation required. Simple, uncontested divorces may involve relatively lower legal fees, while complex cases with extensive litigation can result in substantially higher costs. Consulting with several attorneys to compare fees and services is recommended.
Finding a Lawyer Specializing in Military Divorce in Colorado Springs
It is highly recommended to seek legal counsel from an attorney experienced in military divorce law. These attorneys possess the specialized knowledge needed to navigate the complexities of the SCRA, USFSPA, and other relevant regulations. They can effectively advocate for your rights and help you reach a fair and equitable settlement.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. It is essential to consult with a qualified attorney in Colorado Springs to address your specific circumstances.
