Filing for Divorce in the Military
Military members and their spouses face unique challenges and considerations when it comes to getting a divorce. This can make the overall process longer and more complicated than a typical divorce, which is why it is important to work with a Broomfield divorce lawyer who is experienced with handling these types of cases. Danielsen Westhoff can walk you through your options and help you navigate your divorce.
Challenges of Military Divorces
When you file for divorce as a military couple, it is important to be aware of some factors that can impact your rights and ability to move forward with your divorce. For example, many states have residency requirements that must be met in order to file for divorce in that state. Colorado is no different and requires one or both spouses to live in the state for at least 91 days before filing for divorce or separation. This can be challenging if military responsibilities require moving frequently.
Additionally, divorce generally requires both spouses to be present throughout the process. This can be difficult for active-duty military spouses. To ensure fairness, military members benefit from protections under the Servicemembers Civil Relief Act (SCRA). This allows a servicemember to postpone their divorce until they are done with active duty, which could significantly lengthen proceedings. However, a military member may waive their rights if they agree to the divorce terms and do not plan to contest it.
Asset Division and Custody Arrangements
Asset division and custody arrangements generally follow the same processes and rules as non-military divorces. However, military couples have different things to consider when making decisions. For example, military pensions may be considered marital property and divided between both spouses. Spouses may also still have access to other military benefits. Courts may also weigh different factors when spousal support petitions are submitted as part of a divorce.
Similarly, a military member’s job responsibilities and duties may influence how custody and parenting time are shared. This largely depends on the demands of a servicemember’s role and whether or not they may be deployed. These factors should be carefully considered and planned for, even as a contingency, so there is clarity for parents and stability for the child. Child support should also be carefully discussed.
Protecting Your Rights in a Military Divorce in Colorado
Whether you are a military member or the spouse of one, it is important to protect your rights. Hiring a lawyer is one of the most effective ways you can do this. Lawyers can help you navigate both the state’s divorce laws and federal laws governing military members. Danielsen Westhoff can discuss what options are available to you, how to proceed during each step, how to leverage Colorado’s divorce waiting period in your favor, and so much more. We can also help you navigate negotiations and disputes.
Danielsen Westhoff Can Help You Navigate Your Military Divorce in Colorado
Filing for divorce in the military can add an extra layer of complexity to your divorce, and Danielsen Westhoff can help you navigate the legal process. We protect your interests and help ensure that you can navigate all the legal requirements that come with military divorce proceedings with confidence. Schedule a free 15-minute consultation today to talk to our team to learn more and get started.