Colorado Family Law Office - Military Divorce
Divorce in Colorado for military personnel is the same as it is for civilians; however, servicemembers face some unique obstacles that we at Aviso, as former active duty officers and Judge Advocates, fully understand. Some of these obstacles and areas include:
- Jurisdictional Issues
- Military Retirement
- Thrift Savings Plans (TSP)
- Basic Allowance for Housing (BAH)
- VA Disability
- Life Insurance
- Hazard Duty Pay
- Servicemembers Civil Relief Act (SCRA)
Military Divorce Jurisdiction
To obtain a divorce in Colorado, you must be a resident of the state of Colorado. Normally, merely residing in the state will qualify you as a resident; however specific rules apply to military members generally due to the fact many servicemembers elect a state of residence different from the one 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.
- Hoever, 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 military divorce attorneys at Aviso Law understand the obstacles military members face when going through a divorce and will provide military members the service and dedications their case deserves.
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.
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.
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.