Colorado Springs, home to a significant military presence, sees a higher-than-average number of military divorces. Navigating this complex process requires understanding the unique legal considerations involved. This guide provides essential information for service members and their spouses facing divorce in Colorado Springs.
What Makes Military Divorces in Colorado Springs Different?
Military divorces are distinct from civilian divorces due to the involvement of the Uniform Code of Military Justice (UCMJ), the Servicemembers Civil Relief Act (SCRA), and the unique challenges faced by military families. These factors significantly impact issues like property division, child custody, and spousal support. The presence of numerous military bases in and around Colorado Springs further emphasizes the need for specialized legal counsel.
How Does the SCRA Affect My Divorce?
The SCRA offers crucial protections to service members undergoing divorce. It provides safeguards against default judgments, postponements of legal proceedings during deployment, and limitations on interest rates on certain debts. Understanding your rights under the SCRA is critical to protecting your interests during the divorce process. A knowledgeable attorney specializing in military divorce can ensure you receive the full benefits of this legislation.
What Protections Does the SCRA Offer?
The SCRA offers a range of protections, including:
- Protection from Default Judgments: If you're deployed or otherwise unable to participate in legal proceedings, the SCRA can prevent a default judgment against you.
- Stay of Proceedings: The SCRA can halt or postpone legal proceedings during deployment or active duty.
- Interest Rate Caps: The SCRA can limit the interest rates on certain debts incurred before your entry into active duty.
How is Child Custody Determined in Military Divorces?
Child custody arrangements in military divorces follow Colorado state law but are influenced by the service member's deployment schedule and geographic location. Courts prioritize the best interests of the child, considering factors such as the child's relationship with each parent, the stability of the home environment, and the parents' ability to provide for the child's needs. The frequent moves associated with military life can complicate custody arrangements, necessitating detailed and flexible parenting plans.
What Happens if One Parent is Deployed?
Deployment significantly impacts child custody arrangements. Courts often incorporate provisions for communication during deployment, such as video calls and regular letters. Custody arrangements may be temporarily modified to address the parent's absence, but the ultimate goal remains the child's well-being and a stable environment. Detailed parenting plans addressing deployment scenarios are essential.
How is Spousal Support (Alimony) Handled in a Military Divorce?
Spousal support, or alimony, in military divorces is determined based on Colorado state law, considering factors such as the length of the marriage, the earning capacity of each spouse, and the needs of the supported spouse. A service member's military retirement benefits are often a key factor in determining alimony awards. The potential for future military retirement pay is a significant aspect of many military divorce settlements.
Are Military Retirement Benefits Considered Marital Property?
Yes, military retirement benefits accumulated during the marriage are generally considered marital property and subject to division in a divorce. The specific division depends on various factors, including the length of the marriage and the contributions of each spouse. A thorough understanding of the military retirement system is crucial for both parties.
Finding a Military Divorce Attorney in Colorado Springs
Given the complexities involved, seeking legal counsel from an attorney experienced in military divorce is highly recommended. An experienced attorney can guide you through the process, protect your rights under the SCRA, and help you navigate the unique challenges of a military divorce. Look for attorneys specializing in military law and family law in the Colorado Springs area.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice tailored to your specific circumstances.
