There are six military installations and over 40,000 active-duty military personnel in the state of Colorado, which means military divorce is something South Denver Law deals with extensively. When the time comes to navigate this critical time in your life, you want a professional by your side.
How Long Does a Military Divorce Take?
Typically a Colorado military divorce operates mainly the same way as a standard divorce. There are some exceptions to that rule, but if both parties are in Colorado at the time of filing, you can expect the waiting period to be 90 days.
If the active-duty military member is overseas, there are special considerations given. All military divorce proceedings require that each member consents. If you are unable to get that, then the Colorado divorce waits until the member returns home from deployment before moving forward.
How to File?
If neither of the parties is deployed, the process for a military divorce remains the same. A summons and petition are filed, and the spouse is served. Then, there’s a 90-day waiting period before the divorce is issued. If one of the partners is overseas, the request must wait until they return home and can acknowledge the order.
Military Divorce with Kids?
Military divorce involving custody in Colorado becomes very complicated. If both spouses are in the military, there are even more considerations involved. The Court ultimately decides what’s best for the children if the parents cannot agree. To protect your rights and those of your children, you want a professional family lawyer in Colorado that understands military child custody.
As a military spouse, there are several things you want to understand before proceeding with a military divorce. One such complication is the Hunt/Gallo formula, which is the equation that determines how much of the active military member’s retirement is considered part of the marital asset. This is just one of many additional factors that come into play with a Colorado military divorce; make sure you don’t attempt to navigate this alone.
Filing for a Military Divorce while Spouse is Overseas
You must wait to begin the military divorce until all parties return from overseas deployment. Even if you could figure out a way to serve the deployed member, the Servicemembers Civil Relief Act allows military personnel to delay any proceedings that impact their ability to participate.
Military Divorce Cost
While a military divorce in Colorado does get more complicated than a typical divorce, it’s still possible to keep the costs to a minimum. If both parties agree, it makes everything much more straightforward. When you sit for a consultation at South Denver Law, we can provide you with a better estimate based on your circumstances.
Child Custody in the Military
Military child custody laws are complicated and require a lot of navigation. You must have a professional on your side if you desire to protect the rights of your children.
At South Denver Law, we aren’t just experts in family law, but also military divorce. Thomas Ramunda Jr. has years of experience helping families just like yours. This Denver divorce lawyer knows how to get what you deserve. Visit us at the Parker, CO or Denver, CO office to understand your rights better.
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