Colorado Springs Military Divorce Attorney
Handling Complex Divorce Matters for Service Members in Colorado
Clawson & Clawson, LLP, strives to deliver first-rate legal services
quickly, efficiently, and aggressively. We are dedicated to the philosophy
that the most effective and cost-efficient legal services are provided
by attorneys who maintain their integrity and communicate honestly with
our Military and Civil Service clients. Our Colorado Springs
divorce lawyers have helped hundreds of military families in the Colorado Springs
area, and we can help you as well. We also offer a
military discount. This is a small token of our appreciation for your service to this Country.
Clawson & Clawson, LLP is also a proud supporter of the Wounded Warrior
Project and offers representation to injured military members. Learn more
by visiting our
Wounded Warrior Project page.
Understanding the Military Divorce Process
Due to specifics in Colorado State law, if you are an active service member
in the United States Military, online divorce proceedings may be significantly
altered. For the most part, this is due to the fact that military personnel
have specialized protections and rules granted by the Federal Government.
The Servicemembers Civil Relief Act (SCRA) prevents active duty members
of the armed forces from being sued or beginning divorce proceedings while
they are on active duty and for 60 days following the end of their service.
There are also other laws, such as the Uniformed Services Former Spouse
Protection Act (USFSPA), which provide for former spouses of military
members. While married, these spouses had access to healthcare, pensions,
and other benefits. The USFSPA outlines regulations for the continuation
of benefits, the
division of a military pension, and other details that concern military couples.
The objective of these safeguards was to keep military members at their
workplace – which could be at a training camp across the country,
or a battlefront in another continent – rather than pulling them
all the way back to their residency for legal issues. For example, a member
of the armed forces is unlikely to be penalized for not providing immediate
response to court summons and similar instances.
Online Military Divorces in Colorado
While you are on active duty and doing your best to serve and protect the
country, filing for divorce can be next to impossible, or at least incredibly
inconvenient, even if you do so online. Our military divorce lawyers in
Colorado Springs are here to help you through this
process by utilizing their years of combined experience and total familiarity
with the system. We regularly accept cases that start via email correspondences
from a service member half a world away. We also try to keep things simple
for you so you can focus on other tasks at hand; once you sign and mail
one physical fee agreement to us, we can handle everything else using
email or telephone communications.
Jurisdiction and Military Service
Military personnel who call Colorado home are frequently
relocated to bases in other areas of the country, and as a consequence they often
reside in several different locations over the course of a short period
of time. As a result, it is often difficult for a family law court to
establish jurisdiction over the case involving such a person. The issue
is even more complicated when the geographical proximities of the parties
involve minor children.
This brings up challenges relating to the residency of the parties and/or
deployment that will require help from a skilled legal professional. A
qualified lawyer can help you resolve these legal challenges and more
when it comes to the custody of the children (now known as parental responsibility).
Don't make a move without knowing your legal rights!
In general, military personnel are allowed to have two types of residences,
their legal residence and the residence in which they are stationed. If
they are separated from their spouse, then we may have to factor in the
legal residence of the spouse as well. Here at Clawson & Clawson,
LLP, our team handles
family law and personnel cases for military divorce in Colorado and in any other
state or country, even if the client does not live in Colorado or attend
hearings physically in Colorado.
About Military Retired Pay
There are several complicated variables surrounding military divorce laws
and property rights, including the division of military retirement. The
courts have adopted certain methods of calculating the spouse's portion
of the military member's retirement based upon several components. Current
laws have adopted a formula to arrive at an equation awarding the spouse
their percentage share of the military retirement based upon a host of
variables related to the length of service versus and the length of the
marriage. Once this is determined, the Court can arrive at a percentage
marital share that the spouse would be entitled to receive.
Sometimes, however, the parties have significant assets. There are other
creative ways to arrive at an equitable division of the marital estate
instead of dividing the military retirement, and our team can help you
determine the best method for your situation. For instance, the parties
may utilize the services of an accountant to assign a present value to
the award. The accountant would take the future retirement and calculate,
based upon mortality and other factors, what the retirement would be worth today.
For the reasons outlined above, a divorce involving military personnel
is often far more complicated than might otherwise be the case. If you
are involved in such a case, place your trust in the hands of a divorce
lawyer who has experience navigating the complexities involved. We proudly
represent armed forces personnel from Ft. Carson, Peterson AFB, Schriever
AFB, USAF, Cheyenne Mountain Air Station Academy, Buckley AFB, and
United States Northern Command (NORTHCOM).
Contact an experienced divorce lawyer in Colorado Springs today to protect your rights during a military divorce.