Divorce is never simple. But when one or both spouses are in the military, the process can become significantly more complex. Military divorces involve a unique blend of state and federal laws, special benefits, and logistical challenges that don’t arise in civilian divorce cases.

If you are in the military and/or your spouse is a member of the military, understanding how military divorce works is essential to navigating these complexities. Our military divorce guide explains the key issues involved in a Colorado military divorce so that you can better understand your options. Our Colorado military divorce lawyers will guide you through the divorce process, ensuring that everything is done correctly and that your rights are protected. 

Ascent Legal Group advocates for individuals and families across a range of Colorado family law matters, including both civilian divorce and military divorce. We work hard to help our clients achieve their goals in a divorce, employing strategic planning to get you to where you want to be by the end of your case. Reach out to our law firm today to schedule a free 30-minute consultation with a Colorado family law attorney.

What Makes Military Divorce Different?

Military divorces in Colorado are filed in state court, just like civilian divorces. However, unlike civilian divorces, they are subject to additional federal laws and regulations (beyond Colorado state law). These rules can affect where you can file for divorce, service of process, how property is divided, how military pensions are handled, parenting time, and the timeline of your divorce.

Understanding how these factors interact is essential to protecting your interests. Below, we go through each of these differences to explain how it may impact your divorce.  If you are contemplating divorce and either you and/or your spouse is in the Armed Forces, you should seek out guidance from an experienced Colorado military divorce attorney. 

Where Can You File for Divorce?

In a Colorado military divorce, determining the correct jurisdiction (where you can file) is one of the very first steps. You may be able to file for divorce in Colorado if:

• The service member’s spouse is stationed in Colorado and claims Colorado as their legal residence (domicile).
• The non-military spouse lives in Colorado.

In Colorado, at least one spouse must have lived in the state for 91 days before filing for divorce. In some cases, a service member may be located in a state without establishing residency. Because military families often move frequently, it is important to evaluate all potential options for where you file for divorce.  The state that you choose can impact property division, support, and parenting time outcomes.

Understanding the Servicemembers Civil Relief Act (SCRA)

One of the major differences between military and civilian divorces is the application of the Servicemembers Civil Relief Act (SCRA). This federal law is designed to protect active-duty military members from being disadvantaged in legal proceedings. For example, if a military member is deployed, it would not be fair to allow a legal matter to proceed without them being able to defend themselves in court because of their military service.

Under the SCRA, a service member can request a stay (delay) of divorce proceedings if their military duties prevent participation. Courts may postpone hearings on this basis. Default judgments, which a court can order if someone doesn’t appear in court, are much harder to obtain against active-duty military members as a result.

These rules may seem harsh if you are a civilian spouse who wants to get divorced. However, they are in place to ensure that service members have a fair opportunity to respond to a divorce action and to meaningfully participate in the case.

Service of Process in a Military Divorce

Service of process is the method by which your soon-to-be ex receives the divorce papers that you have filed in court. If your military spouse is located within the United States, then the SCRA does not impose any additional requirements. While there may be some more difficulties serving a spouse on a military base, a process server can be hired to accomplish the goal.

Serving papers on an active-duty member of the military can be more complicated if they are deployed or stationed overseas. If they are in a hostile location, then it will be difficult or impossible to serve them.  Even if they can be served, the SCRA would stay the proceedings until the service member has returned from deployment.

If they are not in a hostile location, then you may be able to have them personally served in the foreign country or seek a waiver of service from your spouse. Again, the SCRA may delay proceedings even after service.

Property Division and Spousal Support in Military Divorces

Colorado is an equitable distribution state. This means that marital property is divided fairly, although it is not necessarily divided equally. This law will apply to assets and debts from the marriage, which are considered marital property. Military retirement that was earned during the marriage is typically considered marital property that is subject to division.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that allows state courts to divide military retirement pay in a divorce. It also governs how retirement is calculated and distributed, what portion of military retirement is considered marital property, and how payments are enforced.

Depending on the circumstances, a civilian spouse may be entitled to 50% of the military retirement pay earned during the marriage. This process can be complicated, particularly when the military spouse has not yet retired. Our law firm can help you understand your rights and will work with experts to determine the proper allocation of military retirement benefits.

After the divorce decree is granted, the Defense Finance and Accounting Service (DFAS) may pay the retirement benefits directly to a former spouse. Direct payment is preferable for several reasons, including avoiding issues with late or missed payments and conflict between former spouses. However, direct payment through DFAS is not an option for every military divorce.

The 10/10 rule is used by DFAS to authorize direct payment. This rule often causes confusion. It does not determine whether a spouse is entitled to a portion of their ex’s military retirement. Instead, it determines how payments are made.

If the marriage lasted for at least 10 years and military service overlapped with the marriage for at least 10 years, then DFAS can send retirement payments directly to the former spouse. If the 10/10 rule isn’t met, then the former spouse will likely still receive a portion of their ex’s retirement benefits. However, the payments will come directly from their former spouse, not DFAS.

Spousal support (alimony) can also be a bit different in military divorces. While spousal maintenance is determined using the same guidelines as civilian cases, military-specific factors can come into play. This may include things such as base pay, basic allowance for housing (BAH), basic allowance for subsistence (BAS), and special pay or bonuses. In some cases, military regulations may also require temporary financial support for a spouse during separation.

Aside from military retirement and spousal support, another big difference between a military and civilian divorce is the division of healthcare benefits. This is governed by federal law. Eligibility for your former spouse’s military healthcare benefits will be based on the length of your marriage, the length of their service, and the overlap between the two.

Under the 20/20/20 rule, a former spouse may retain full military benefits (including TRICARE) if the marriage lasted at least 20 years, the service member served at least 20 years, and there was a minimum of 20 years of overlap between the service and the marriage. Otherwise, under the 20/20/15 rule, if there were at least 15 years of overlap, the former spouse may qualify for limited healthcare benefits for a transitional period. 

If neither rule applies, then the civilian spouse will likely need to seek alternative insurance coverage. If the spouses choose a legal separation instead of a divorce, then the military will treat the couple as married for purposes of a military ID card and access to military benefits (including healthcare). There may be a benefit to legal separation for military marriages for this reason, particularly if the couple is close to the 20/20/20 rule.

In sum, property division in a Colorado military divorce will be similar in many respects to property division in a civilian divorce. The key differences are all related to military benefits, including retirement pay, healthcare, and how military pay impacts spousal maintenance. Our Colorado military divorce lawyers can help you understand your rights and options when it comes to property division in a military divorce.

Parenting Time and Child Support in Military Divorces

Military service can complicate parenting time arrangements, particularly when one parent may be deployed or relocated by the military. Colorado courts will always prioritize the best interests of the child in any decision related to the allocation of parental responsibilities. A court will consider factors such as:

• Each parent’s ability to provide stability
• Deployment schedules
• Communication plans during absences
• The child’s relationship with each parent

Under the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), a court cannot consider a parent’s past deployment or possible future deployment as the sole basis of determining the best interests of the child.  Importantly, courts can still consider deployment when deciding the best interests of the child. It simply cannot be the only reason that a court awards parenting time to one parent over the other.

Military parenting plans should take into account the reality of deployments and other absences. Our law offices can help you negotiate a parenting plan that may include provisions for temporary custody during deployment, virtual visitation (such as video calls and messaging), and make-up parenting time after a return. A well-structured parenting time plan can protect the parent-child relationship and reduce conflict.

In military divorces, child support is calculated in the same way as it would be for a civilian case (using state guidelines). However, military income and benefits will also be part of the equation. This requires careful consideration, as the military spouse may have fluctuating income due to deployment or hazard pay, allowances like BAH and BAS, and health care coverage through TRICARE. Our Colorado military divorce lawyers are skilled at taking these factors into account when representing clients on child support matters.

Military Divorce Timelines

In Colorado, there is a 91-day waiting period to finalize a divorce. In theory, this means that you can get divorced within 3 months of filing. This most often happens when a couple is able to agree about all of the issues in their divorce (uncontested divorce). 

Military divorces often take longer than civilian divorces. This is due to things such as deployment schedules, SCRA-related delays, and challenges in coordinating court appearances. Planning ahead and working with an experienced attorney can help to minimize unnecessary delays. In addition, understanding that a military divorce will likely take longer to finalize can help you set your expectations for the process.

Why You Need an Experienced Colorado Military Divorce Attorney

Military divorce cases involve high stakes and complex legal issues. Any mistake, particularly when it comes to dividing retirement benefits and drafting court orders, can have long-term financial consequences. Working with a knowledgeable Colorado military divorce lawyer is essential to protecting your interests.

A skilled attorney can help you determine the best jurisdiction for your case, which may or may not be Colorado. They can also advise you of your rights related to military benefits and propose a division of benefits that complies with federal and state law. They can also help you create a workable parenting plan and properly determine family support based on military income and benefits.

Call for a Free 30-Minute Consultation with a Colorado Military Divorce Lawyer

A military divorce requires careful navigation of both Colorado and federal law. From retirement benefits to parenting time arrangements, each decision can have a lasting impact on your future. Understanding your rights as a service member or military spouse is the first step to achieving a fair resolution.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents military spouses and service members in a range of family law matters, including military divorce, legal separation, property division, child custody, and child support. With a deep familiarity with the special laws and regulations that govern military divorces, we will work hard to protect your rights and help you achieve the best possible resolution to your case. Contact our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado military divorce attorney.