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Colorado Military Divorce Lawyers
Are you a military servicemember considering a divorce? Just like any other divorce, the process can be tedious, volatile, and emotionally draining. But military divorces can be more complex because of the benefits structure and other legal complications. Although military divorces are just like any other divorce in some ways, special considerations and precautions should be taken when military personnel are parties to the marriage.
Is Military Divorce Different than Civilian Divorce?
The military cannot terminate a marriage—only state courts can officially terminate a marriage. However, military personnel must take into consideration several unique factors that may affect their divorce proceedings:
- Military rules and regulations: Military individuals must end their marriage in compliance with military regulations and rules. Additionally, special protocols exist regarding service of process upon an active duty spouse.
Residency: Residence requirements may apply, and a military pension may need to
- Married couples in the military have three choices regarding the location in which they may file for divorce: in the state where the nonmilitary spouse resides, the state where the military spouse is stationed, or the state where the military spouse resides.
- Laws protecting military personnel: Certain laws specially protect military personnel, and those laws must be taken into consideration in divorce proceedings. For example, the Service Members' Civil Relief Act (SCRA) protects military personnel from civil litigation.
When a marriage is no longer salvageable, it is often in the parties’ best interests to end the marriage amicably. The legal representation you choose is one of the most important factors involved in your divorce, as your attorney can help to set the tone of the proceedings.
The issues involved in a military divorce are not dissimilar to those involved in a civilian divorce. Property and debts must be divided, and the parties must agree to a parenting time schedule and child support payments. However, because of the many nuances of divorces involving military personnel, you should choose an attorney well-versed in military divorce to take the best course of action for you and your family.
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