Military Law and Divorce

If you are a member of the U.S. Armed Services, and have a legal matter that requires representation by an experienced Colorado Family Law Attorney, The Harris Law Firm is here to assist you. If you are considering filing for divorce, legal separation, or the allocation of parental rights, and you are an active duty service member, a member of the reserve or guard, or are retired military, the 20 attorneys that comprise "Colorado’s Family Law Team" can consult with you to discuss your rights and options.

As a service member, or the spouse of a service member, considering the dissolution of marriage, the divorce process may be affected by laws that have been passed to protect soldiers stationed abroad. These include the Service Members Civil Relief Act (SCRA) a law that provides a number of protections unrelated to the divorce process. These include an interest rate cap for service members whose ability to pay their debts has been materially affected by their being called to active duty. Another provision affords the service member a right to request a delay in civil proceedings if they can show that their military responsibilities prevent them from properly representing themselves. Since a divorce in the State of Colorado is a civil proceeding, this provision is often invoked by service members who are on a long-term deployment or stationed abroad when their spouses file for divorce. When this provision is invoked, the proceedings are stayed.

Members of the U.S. Military generally have access to a legal assistance office even when deployed or in combat. A service member can also retain outside legal counsel who can work with the military legal assistance office to invoke his or her right to request a stay under the SCRA . Spouses who are separated from a service member may have to wait until after the service member returns from deployment to request relief from the court. Instead, the spouse may need to work with the commanding officer to obtain financial assistance. Each branch of the armed services has a formula by which they determine the amount of support a separated spouse should receive in the absence of a court order. At times, the assistance of outside counsel can offer reprieve from having to contact the estranged spouse’s commanding officer directly. In short, non-military counsel can offer assistance to service members needing to invoke their rights under the SCRA and spouses who need assistance obtaining financial support during a stay of the proceedings.

Although being a member of the armed services, or a spouse of a service member, does not exempt you from Colorado’s procedural divorce process, there are factors specific to military couples that must be addressed. You can schedule a consultation with an experienced Colorado family law attorney at The Harris Law Firm to discuss the ramifications of being stationed overseas, having active duty assignments far from home, dividing marital assets, VA benefits, Survivor Benefits Plans, military retirement pay, and the possible relocation of children outside the State of Colorado. Colorado's Family Law Team is here is assist you.