.2511110236056.jpg)
Beginning the divorce process is never simple, and service members often face additional layers of responsibility, relocation challenges, and legal considerations tied to military service. Whether transitioning back from deployment or adjusting to a new duty station, service members in Colorado Springs may find that understanding the steps ahead brings more stability to an otherwise complicated time.
If support is needed right away, reach out through our online contact form or call (719) 212-4227.
Understanding How Military Divorce Differs From Civilian Divorce
Military divorce shares many similarities with civilian divorce but includes unique rules and protections designed for service members. These differences can influence timelines, how documents are served, and how benefits are divided. Service members and their spouses often find it helpful to understand how military regulations interact with Colorado divorce laws.
The Servicemembers Civil Relief Act (SCRA) is one of the most significant federal laws affecting military divorce. It provides certain protections to active-duty service members, such as the ability to request a delay in divorce proceedings when military duties interfere with participation. This is not automatic, but courts consider these requests seriously. Learning how SCRA works can prevent surprise delays or misunderstandings during the early phases of the process.
Meeting Residency Requirements In Colorado
Before filing for divorce, it is important to understand Colorado’s residency requirements. Colorado allows service members stationed here to file for divorce even if their “home of record” is in another state. A spouse may also file if they themselves have lived in Colorado for at least ninety-one days.
Residency can be confusing for military families who move frequently. However, Colorado courts recognize the realities of military life, and meeting the requirement is often more straightforward than expected.
Important First Steps For Service Members
Beginning the divorce process involves several early decisions that shape the rest of the case. Thinking through these decisions at the start helps service members work through the process with greater clarity.
Below are some initial considerations that service members often address early on:
Key Early Decisions To Consider
- Reviewing how military obligations, upcoming training, or deployment might affect court dates or mediation sessions.
- Evaluating financial documents, including LES statements, retirement information, housing allowances, and details about any special pay.
- Identifying whether child-related matters, including parenting schedules and decision-making responsibilities, may require adjustments due to military duties.
- Considering whether collaborative approaches—such as mediation—may help reduce conflict and support a smoother transition for everyone involved.
Each of these decisions influences the timeline and structure of the case, and spending time on them early can make the process more manageable.
Understanding The Role Of Mediation
Mediation is a common tool in military divorce, especially when parents want to reduce tension for children or work cooperatively through complex issues. Mediation involves meeting with a neutral third-party professional who helps both sides discuss concerns and work toward agreements. While not every case settles in mediation, this option often keeps communication open and can reduce the length and cost of a contested courtroom process.
Some military families prefer mediation because it can accommodate scheduling challenges associated with duty rotations or deployment cycles. Virtual sessions are increasingly common, which may be helpful if one party is away on assignment.
Child-Related Considerations For Service Members
Child-related issues often feel especially significant for service members facing divorce. Parenting plans must consider not only the child’s needs but also the realities of military life.
Colorado uses the term “parental responsibilities” to refer to child custody. These responsibilities include parenting time (physical custody) and decision-making authority (legal custody). Courts evaluate what is in the best interests of the child, a standard that considers factors such as each parent’s ability to support the child’s well-being, the strength of existing relationships, and the stability of both households.
Military families may face additional considerations, such as:
Common Parenting Issues To Prepare For
- The impact of deployment or training assignments on parenting time.
- Creating a long-distance or virtual-parenting communication plan.
- Identifying backup caregivers who may temporarily care for the child during military absences.
- Understanding relocation rules when a parent receives new orders.
Addressing these issues early helps minimize uncertainty and supports a more predictable routine for children.
Financial Topics Unique To Military Divorce
Finances in military divorce often include components not found in civilian divorces. Service members may receive multiple types of pay that factor into child support or spousal support calculations. Housing allowances, incentive pay, and combat pay can all be considered when determining income.
Retirement benefits are also significant. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement as property that can be divided. It does not guarantee a former spouse a share, but it allows Colorado courts to consider it in property division decisions. Additionally, eligibility for direct payment through the Defense Finance and Accounting Service (DFAS) depends on specific requirements, including the length of the marriage and the overlap with military service.
Understanding these financial elements early can help service members prepare for discussions with a Colorado Springs divorce attorney who has experience handling military-related financial questions.
Deployment, Service Obligations, And Your Legal Timeline
Military duties do not pause for divorce, and divorce proceedings do not pause automatically for military duties. While SCRA may allow for certain extensions, service members usually benefit from planning ahead to avoid unnecessary delays.
Responsibilities such as the following may affect a service member’s ability to participate in hearings or mediation:
- PCS moves
- Unexpected training requirements
- Extended field operations
- Overseas deployment
Discussing these possibilities from the beginning helps prevent avoidable scheduling conflicts and creates a clearer roadmap for moving through the process.
Building A Plan That Supports Your Next Chapter
Even during difficult transitions, service members often find reassurance in understanding the legal landscape ahead of them. Structuring a clear plan, addressing child-related matters thoughtfully, and reviewing financial issues in advance all contribute to a more stable experience. The steps taken early often shape long-term outcomes, and taking time to prepare allows for more informed decision-making as the case moves forward.
Law Office of Greg Quimby, P.C. offers additional information about military divorce considerations on our site, and support is accessible through our online contact form or by calling (719) 212-4227.
Guidance For Military Divorce In Colorado Springs
Starting the divorce process as a service member involves navigating both Colorado law and military-specific rules, but gaining clarity early can help create a more stable path forward. Whether evaluating parenting plans, reviewing military benefits, or preparing for deployment considerations, service members often benefit from understanding the unique pieces of a military divorce.
To learn more or request support, reach out to Law Office of Greg Quimby, P.C. through our online contact form or call (719) 212-4227.