Military Divorces: What You Need to Know?

Going through a divorce can be an emotionally and mentally draining process. For military spouses the process can be a bit more stressful due to some unique issues that are addressed through Colorado’s military divorce laws. An experienced Colorado divorce attorney can clearly explain those laws, as well as your rights under them.

Colorado’s military divorce laws protect a military spouse from being held in default for failure to respond to a divorce petition. The laws protect an active military spouse from being divorced and not know it. A military spouse can postpone a divorce proceeding or the duration of his or her active duty and up to 60 days afterward under the Soldiers and Sailors Civil Relief Act–and in the courts’ discretion. A military spouse can elect to waive his or her right to postpone divorce proceedings under this act as well.

Like a civilian divorce in Colorado, the grounds under which the courts will grant a military divorce are that the marriage is irretrievably broken. Either spouse must reside in and be stationed in the state of Colorado. However, if a spouse residing in Colorado files for divorce from a spouse not residing in Colorado, the courts may be unable to divide military retirement unless the filing spouse files an action in the state where the non-residing spouse lives.

The summons, accompanies by a copy of the divorce action, must be personally served to an active military spouse. If the divorce is uncontested, the spouse does not have to be personally served if he or she acknowledges the divorce action by signing and filing a waiver affidavit.

Child support and alimony or spousal support cannot exceed 60% of an active military spouse’s income. The courts determine the amount of child support using the same guidelines, schedules and worksheets used for civilian divorce.

Colorado Criminal Defense Attorney Kevin Ellmann
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