A military divorce in Colorado Springs would be one where there is at least one party who is or was a member of the military. These divorces are common in this area because we have multiple military bases in town such as Fort Carson, Peterson and Schriever and the Air Force Academy. These divorces should filed in El Paso County at the Fourth Judicial District.
Because there are a few legal nuances to these legal proceedings involving military members, you should find an attorney who has handled these case before if you or your spouse is a part of the military and your are looking to end your marriage.
One party’s status as a military member can play a factor in a divorce case as it may impact the division of assets, debts, and retirements. For instance, military personnel have special benefits and healthcare, called TRICARE, that may be subject to division during a divorce. A civilian ex-spouse who was married to a member of the military can legally receive portions of military retirement and healthcare dependent upon the longevity of the marriage and the length of service of the member of the military.
Therefore, after the member of the military receives their benefits the spouse would legal rights to these items as well. This type of marriage dissolution also may play a role if one party is in the military and they want the other party to relocate in order to stay close to their children.
If a spouse is on active duty, the other party may serve them divorce papers electronically, where the deployed spouse can sign a waiver of service. Both parties must agree to the divorce if they choose to serve the papers this way. If the military spouse does not agree to the divorce, then a processor can serve for that member. Additionally, there is a possibility of deployment delaying the divorce process in Colorado Springs, depending on where their duty station is. Our team of experienced attorneys could help you through this process if either of these challenges arise.
A skilled lawyer could help with a military divorce in Colorado Springs because they understand how to calculate the retirements and healthcare benefits for both parties. Drafting that language can be complicated and so it is important to make sure that someone has all the right parameters laid out in their separation agreement and parenting plan if they’re a member of the military.
Going through the divorce process as a member of the military could take time. It is important to make sure that you are keeping a record of events, including financial records and parenting plans. Additionally, it is important to note that members of the military typically should get private counsel as one is not provided by the military.