Military divorce brings unique challenges that go beyond the standard legal process. When one or both spouses are active-duty service members, especially during deployment, divorce can become more complicated—from extended timelines to issues surrounding custody, benefits, and housing. At The Gasper Law Group, we’ve helped many military families across Colorado Springs navigate divorce while honoring both service and family responsibilities.
Whether you're stationed at Fort Carson, Peterson Space Force Base, Schriever, or anywhere else in Southern Colorado, our attorneys understand the legal and emotional dynamics of military divorce and are here to advocate for your rights.
Deployment Can Delay Divorce Proceedings
The Servicemembers Civil Relief Act (SCRA) protects active-duty service members from legal proceedings they’re unable to attend due to deployment. This means courts may postpone hearings or delay deadlines for military spouses who are overseas or otherwise unavailable. These protections exist to ensure service members can focus on their duties without risking legal default.
If you or your spouse is deployed during a divorce, The Gasper Law Group can help file the necessary motions to pause proceedings when appropriate or ensure your interests are represented even in your absence.
Child Custody and Parenting Time During Deployment
For military parents, deployment can make child custody even more emotionally complex. Colorado courts aim to serve the best interests of the child, and in cases involving military families, this often means temporary adjustments to parenting plans.
Courts may:
Modify parenting time temporarily to account for deployment.
Grant virtual visitation rights through phone or video calls.
Reestablish physical parenting time once the deployed parent returns.
We work closely with military families to design parenting plans that are fair, realistic, and child-centered, even during long-term deployments.
Dividing Military Benefits
Military divorces involve dividing complex financial benefits, including:
Military pensions
Thrift Savings Plans (TSPs)
Survivor Benefit Plans (SBPs)
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military retirement pay as marital property. If your marriage overlaps with at least 10 years of military service, the non-military spouse may receive direct retirement payments through DFAS.
Because these rules are highly specific, the guidance of an attorney familiar with military divorce is essential. At The Gasper Law Group, we ensure your financial future is protected.
Housing and Spousal Support Considerations
Housing benefits like Basic Allowance for Housing (BAH) can affect both support calculations and post-divorce living arrangements. A non-military spouse may lose access to military housing, and fluctuating BAH rates can complicate alimony or child support agreements. We help our clients understand how these variables affect support calculations and work toward fair resolutions.
Legal Guidance for Military Families
At The Gasper Law Group, we proudly serve the military community with respect, discretion, and experience. Military divorce is never simple, but with the right legal team, you can move forward with clarity and confidence.
If you’re facing divorce while deployed—or while your spouse is—contact our team at (719) 212-2448. We’ll help you protect your parental rights, financial interests, and future.