Colorado Springs Military Divorce Lawyer
Resolving Military Divorce & Custody Matters in Colorado
At Aviso Law, our experienced legal team specializes in providing comprehensive assistance to individuals navigating the complexities of military divorce in Colorado Springs and beyond. We recognize that military divorces entail unique challenges and considerations, often requiring a nuanced understanding of family law and military regulations. With our dedicated approach, we are committed to guiding clients through the intricacies of military divorce proceedings, ensuring their rights are protected and their best interests are upheld.
Call Aviso Law today at (719) 356-5552 or contact us online to schedule a meeting with our military divorce attorneys in Colorado Springs!
What Are The Unique Challenges of a Military Divorce?
Military divorce involves unique legal considerations that civilian divorces do not, such as military pensions, deployment schedules, and jurisdiction. As former active-duty officers and Judge Advocates, our Colorado Springs military divorce attorneys have a deep understanding of both military and family law, and are well-versed in the federal and state laws that govern military divorces.
Some of the obstacles involved in a military divorce include:
- Jurisdictional Issues
- Child Custody
- Servicemembers Civil Relief Act (SCRA)
- Military Retirement
- Thrift Savings Plans (TSP)
- Basic Allowance for Housing (BAH)
- VA Disability
- Life Insurance
- Hazard Duty Pay
Military Divorce Jurisdiction
To obtain a divorce in Colorado, one of the spouses must be a resident of the state for a minimum of 90 days before filing for divorce. Normally, merely residing in the state will qualify you as a resident; however, specific rules apply to military members due to the fact that many servicemembers elect a state of residence different from the one where they are stationed.
For example, a servicemember may be physically living in Colorado Springs but elects to pay taxes in Kansas.
- According to Colorado Law, if the servicemember is only in Colorado because of orders and has not otherwise taken steps to become a resident of Colorado (i.e. registered to vote, obtained a driver’s license, transferred insurance, opened a bank account, etc.), the courts do not have jurisdiction over the servicemember.
- However, only one spouse needs to be a resident of Colorado to file for a divorce. Therefore, if one spouse is a servicemember and the other is not, but has a job in Colorado or pays taxes in Colorado. Colorado would have jurisdiction.
- Even if Colorado can exercise jurisdiction over a servicemember, the court may not have jurisdiction to divide a military retirement unless the servicemember initiates the divorce proceedings.
The Colorado military divorce attorneys at Aviso Law understand the obstacles military members face when going through a divorce and provide military members with the service and dedication their case deserves.
Child Custody for Active Service Members
The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) is designed to protect the rights of military parents during deployments. Here's how it safeguards servicemembers in custody cases:
Preserving Parenting Time:
- Maintains Existing Arrangements: The UDPCVA ensures that a deployed parent's existing parenting time arrangement remains in effect, even during deployment.
- Facilitates Remote Parenting: The Act encourages the use of technology to maintain a connection between the deployed parent and the child, such as video calls or emails.
- Temporary Adjustments: In certain circumstances, the court may temporarily modify parenting time arrangements to accommodate the deployment, but the goal is to return to the original arrangement upon the parent's return.
Protection Against Unfair Modifications
- Prevents Unnecessary Changes: The UDPCVA discourages unnecessary modifications to parenting time arrangements during a deployment, unless there's a significant change in circumstances that affects the child's best interests.
- Burden of Proof: The burden of proof lies on the party seeking to modify the parenting time arrangement to demonstrate a substantial change in circumstances.
Post-Deployment Transition
- Facilitates Smooth Transition: The UDPCVA provides guidelines for a smooth transition back to the original parenting time arrangement upon the parent's return from deployment.
- Addresses Potential Issues: The Act helps address potential issues that may arise during the transition period, such as the child's adjustment to the parent's return and any necessary modifications to the parenting plan.
By providing these protections, the UDPCVA helps ensure that deployed military parents can maintain a strong bond with their children and minimize the impact of deployment on their family relationships. If your military divorce involves child custody or support, you can count on the team at Aviso Law to understand the complexities of military and family law in Colorado.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides significant protections for active-duty military personnel facing legal proceedings, including divorce. It aims to ensure that service members are not disadvantaged due to their military service.
Here's how the SCRA specifically protects service members in a Colorado divorce:
Stay of Proceedings
- Temporary Pause: The SCRA allows a service member to request a temporary pause or stay of divorce proceedings if they are unable to participate due to military service. This can be particularly helpful during deployments or training exercises.
- Sufficient Supporting Information: The service member must provide sufficient information to the court to justify the stay, such as deployment orders or military leave schedules.
Protection from Default Judgments
- Notice and Opportunity to Respond: The SCRA requires that proper notice be given to a service member before a default judgment can be entered against them. This ensures that they have an opportunity to respond to the claims and participate in the proceedings.
- Setting Aside Default Judgments: If a default judgment is entered against a service member due to their inability to appear in court, the SCRA allows them to petition the court to set aside the judgment.
It's important to note that the specific protections afforded by the SCRA may vary depending on the individual circumstances of the case. It's advisable to consult with an experienced military divorce lawyer in Colorado Springs to fully understand your rights and how the SCRA may apply to your situation.
How Is Property Divided In a Military Divorce?
Why Choose Aviso Law?
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Clients First
Every attorney will tell you they put their clients first. That is true for Aviso Law but it’s how we go about it that sets up apart. We understand the difference between being prepared and aggressive in courtrooms, while being understanding and pragmatic in client meetings. We believe in being realistic as well as easy to work with through all the phases of your case, both in and out of court; this saves you money and time while still receiving the service you deserve with the goal of achieving desired results.
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Proven Success
To us, success isn’t measured by the years we’ve spent behind a desk but by the careers we’ve built, the contacts we’ve made, and the thousands of clients we’ve served to protect jobs, families, education, and reputations. We developed our careers in Colorado’s military and civil courts, successfully defending clients from all walks of life. We come highly rated by our clients and have received professional recognition for our work.
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Breaking the Mold
We’re not your typical law firm. We don’t wear fancy suits (unless we have to in court) and we don’t hide behind big imposing desks. Reflective on our military roots, we strive to serve. We understand the legal process can be threatening and worrisome, which is why we work with our clients to get results. We aim to be respectful, diligent, and cost-effective while practicing the highest standards of legal representation.
