Colorado Springs Military Divorce Attorneys
Why You Need a Military Divorce LAwyer in El Paso County, CO
Military members must remain flexible to meet their service obligations, which can place extra pressure on families and marriages. Divorce cases involving military members can become complicated, especially when disputes arise between spouses. At The Gasper Law Group, we address the concerns unique to service members and support them in finding solutions.
If you are facing a divorce involving one or both spouses who serve in the military, many aspects may resemble a typical divorce. Still, there are crucial differences that can affect the process and your future.
Contact our Colorado Springs law firm im online or call (719) 212-2448 discuss your situation with our experienced military divorce lawyers.
Service Members Civil Relief Act
The SCRA (commonly referred to as “Soldiers and Sailors”) protects service members from having court cases proceed against them when duty prevents their appearance in court. While the act primarily addresses civil judgments, it also covers divorce cases and post-decree motions.
The SCRA provides significant protection for service members stationed at Fort Carson, Peterson Space Force Base, or Schriever Space Force Base in the Colorado Springs area. Those based locally may face sudden deployment or overseas assignments, and the SCRA helps manage divorce case timelines and participation. Our team guides clients through how these protections may affect the timing of court hearings and required appearances, adapting our approach to changing military assignments.
Depending on their circumstances, a service member may decide to waive the SCRA’s protection and move forward with court actions remotely. Courts often allow telephone appearance at hearings. If a service member elects to pause the proceedings during absence, the case remains on hold until they return. Sometimes, spouses face delays if a service member is deployed before courts enter orders for child support or spousal maintenance. In these cases, the service member must still provide family support, and each military branch sets its own rules regarding the level of support required.
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Military Child Custody
Service members may receive deployment orders on short notice, requiring long periods away from home. Our military divorce attorneys in Colorado Springs help create custody arrangements that fit military schedules and preserve stability for families. The goal is to keep plans flexible, so children maintain strong relationships with both parents no matter where military service takes you.
Colorado law requires special attention to the needs of military parents when deciding parental responsibilities. Judges in El Paso County often understand the demands of military life, but detailed parenting plans can reduce future confusion and prevent conflicts. Our team crafts custody strategies that meet state requirements and provide stability for children through changes in deployments or assignments.
There are three key factors under Colorado law for custody arrangements in a military divorce. First, if a custodial parent deploys, a written family plan must be in place. This plan should name a power of attorney and specify who will care for the child. The military defines a child as under age 19, and the caregiver must be at least 21. Second, if the other parent cannot take custody—due to incapacity or a legal bar—or both parents are deployed, written plans must cover the child’s care, transportation, and expenses, with details agreed upon in advance. Third, the length of deployment will affect whether a short-term or long-term caregiver is assigned, with the aim of minimizing disruption in the child’s daily life. Our team helps parents build clear, effective plans for every scenario.
Jurisdiction
To file for divorce in Colorado, you must typically be a state resident. For military members, the rules differ because you can elect a state of residence that may not match where you are currently stationed. This flexibility can introduce challenging questions around which court has authority over your divorce.
Military families posted at Colorado Springs-area installations often move between states, which can complicate divorce cases. We review factors such as state tax residency, driver’s licenses, and property ownership to determine how Colorado’s jurisdiction rules apply. These details help identify which court hears your case and how any decisions are enforced elsewhere in the country.
If a service member is only in Colorado due to military orders and has not taken steps to establish residency (such as registering to vote, obtaining a local driver’s license, or opening a local bank account), Colorado courts may not have jurisdiction over them. Only one spouse needs to qualify as a state resident to file for divorce in Colorado, so when one spouse is a military member and the other is not, jurisdiction issues are uncommon.
Challenges arise if the resident, non-service member spouse files for divorce against a non-resident service member. If so, Colorado courts may be unable to divide the military retirement; you may need to pursue orders in the service member’s designated state of residence. This can affect the division of benefits and the legal process required.
Military Pensions
In Colorado, money added to a retirement account during the marriage is a divisible asset, and this rule includes military pensions. In military divorce cases, courts divide service member pensions based on the number of months the marriage overlapped with military service.
Service members stationed in Southern Colorado often have questions about how Colorado courts divide military pensions using both state and federal rules. The calculation determines what share is marital property. Where you file the divorce can impact how benefits are split. Our team helps clarify what counts as a marital asset and which benefits follow specific federal guidelines.
For example, if the service member served 10 years before marriage, then married for 2 years and later returned to the service after a divorce to complete 20 total service years, only 24 months of marriage overlap with service. The percentage of military retirement earned during marriage is 10%. In this example, the non-service member receives half of that 10%, or 5% of the total retirement payments, when the service member becomes eligible for distribution.
Special rules apply when a service member accepts separation pay or certain alternative benefits. Some types of payment may not be divisible. Colorado courts cannot divide VA Disability pay, so if a service member elects to take some retirement as VA Disability, the non-service member spouse will not receive a portion. However, VA Disability pay still counts as income for child support and spousal maintenance calculations.
Impact of Deployment & Relocation on Divorce Proceedings
Military families in Colorado Springs often face sudden deployment or frequent Permanent Change of Station (PCS) orders. These changes can alter parenting time, property division, and support arrangements. When a service member receives new orders, a divorce case may require updates to parenting plans or adjustments to court schedules. Local courts recognize military realities and frequently permit remote participation for certain proceedings. Adapting agreements in line with both local and federal requirements can reduce future conflict. We draw from knowledge of El Paso County family court processes and military administrative timeframes to assist clients with necessary changes when life circumstances shift. Proactively addressing deployment or relocation results in family plans that remain clear and enforceable, even after changes in duty station.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Contact Our Colorado Springs Military Divorce Lawyers
The experienced Colorado Springs divorce attorneys at the Gasper Law Group handle divorce matters such as spousal maintenance, child support, and asset and debt division. We protect your interests and strive for the best outcomes possible.
Our office sits near major installations, so we can support military families based at Fort Carson and Peterson Space Force Base. We offer interest-free payment plans and flexible scheduling for those with demanding service commitments. Working with a legal team who understands Colorado divorce law and military requirements provides clarity throughout the process.
Benefits & Considerations of Military Benefits in Divorce
Military divorce in Colorado Springs can impact a broad range of benefits beyond pensions. Healthcare coverage through TRICARE may end or change for non-service member spouses, depending on how long the marriage and service overlapped. Base privileges—like commissary and on-post housing—often change after divorce, which can affect daily routines. Courts follow a mix of Colorado statutes and federal law to divide these benefits. Reviewing available benefits as part of the process helps families make informed decisions and plan for changes such as new health insurance or adjusting to new living arrangements. By addressing these details up front, spouses can move forward with clarity and confidence.
Contact our Colorado Springs military divorce lawyers online or call (719) 212-2448 for a free initial consultation.
Frequently Asked Questions
How does the court divide military retirement pay in a Colorado divorce?
Colorado courts divide the portion of military retirement earned during the marriage as a marital asset, usually using a formula based on months of marriage overlapping with months of service. The non-service member spouse typically receives a share of the retirement once the service member becomes eligible to receive payments.
Can a service member participate in divorce proceedings while deployed?
Yes, service members may be able to appear by phone or video for certain court hearings, and the Service Members Civil Relief Act can delay some proceedings if duty interferes with participation. Courts in the Colorado Springs area often try to accommodate active duty schedules.
What happens to TRICARE health benefits after a military divorce?
Non-service member spouses may lose access to TRICARE after divorce unless specific length-of-marriage requirements are met. In some cases, there are options for short-term coverage transitions, but eligibility depends on individual circumstances and federal rules.
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