Greeley, CO Military Divorce Lawyers
Are you a military member or spouse facing the challenges of a Colorado divorce? The unique circumstances surrounding military divorces require specific knowledge and experience that differ from civilian divorce.
At Peek Goldstone, LLC, we are dedicated to serving the family law needs of service members. We offer 10 percent off our hourly or flat fee services to better serve you and show our appreciation. This applies to military members, Guard Reserve, and retired military.
Our team of dedicated military divorce lawyers understands the intricacies of divorce that only apply to military members. We are here to guide you through this difficult process, to ensure that your rights are protected, and to help you reach a divorce settlement that is optimum for you and your family.
Consult with a Greeley military divorce attorney about your case. Phone us at (970) 442-5281 or submit our online contact form today.
Overview of Military Divorce
Military divorce is a distinct legal process that differs from civilian divorce due to the additional considerations and regulations that apply specifically to military personnel. It involves unique challenges such as determining the division of military compensation and benefits, addressing child custody and visitation rights, and understanding the impact on military retirement pay.
Navigating the legal landscape of military divorce can be overwhelming. As a military member, you are subject to specific laws and regulations that may affect your divorce proceedings. Our legal team is well-versed in these laws and will break them down for you in clear, understandable terms.
Key Considerations for Military Divorce
Spousal and Child Support: Regarding financial support, military divorce requires careful consideration of both spousal and child support. Our experienced team deeply understands the specific Colorado guidelines and calculations involved to ensure a fair outcome for all parties involved.
Division of Military Pay and Benefits: Dividing military pay and benefits can be complex. Our team will work closely with you to navigate the intricacies of dividing pensions, healthcare benefits, and other military-related assets to ensure a fair distribution that reflects your unique circumstances.
Parenting Time and Visitation: Creating a parenting plan that considers the demands of military service requires careful attention. Our military divorce attorneys will help you establish a comprehensive plan that considers deployment schedules, relocation, and the best interests of your children.
Division of Military Retirement Pay: Military retirement benefits are subject to specific laws and regulations, such as the Uniformed Services Former Spouses' Protection Act (USFSPA). Our knowledgeable attorneys will guide you through the complexities of these laws, ensuring that your rights and interests are protected regarding the division of military retirement pay.
The Uniformed Services Former Spouses’ Protection Act
The Uniformed Services Former Spouses' Protection Act (USFSPA) is a law that plays a crucial role in military divorce. It is a federal law that addresses the division of military benefits in divorce. It provides guidelines and procedures for treating military pensions and other benefits when you decide to divorce.
Key points of the USFSPA include:
Division of Military Retirement Pay: The USFSPA allows state courts to treat military retirement pay as marital property during divorce proceedings. This means the court can distribute a portion of the service member's retirement pay to the former spouse as part of a divorce settlement or court order.
Direct Payment: The USFSPA enables courts to order the Defense Finance and Accounting Service (DFAS), which manages military pay and benefits, to make direct payments to the former spouse from the service member's retirement pay. This facilitates the enforcement of court-ordered spousal support or property division.
Length of Marriage Requirement: The USFSPA requires that the service member and former spouse must have been married for at least ten years overlapping with at least ten years of the military member's creditable service for the former spouse to be eligible for direct payment from DFAS. This requirement ensures that only long-term marriages are eligible for such benefits.
Impact on Survivor Benefit Plan (SBP): The USFSPA allows for the continuation of the Survivor Benefit Plan (SBP) coverage for the former spouse if specified in the divorce decree. The SBP provides a monthly annuity to the surviving spouse or former spouse in the event of the service member's death.
State Court Jurisdiction: The USFSPA grants state courts the authority to divide military retirement pay and other benefits, ensuring that the division aligns with state-specific laws and regulations governing divorce and property division.
The USFSPA does not automatically entitle a former spouse to a portion of the military retirement pay. The court must determine the appropriate division based on various factors, including the length of the marriage, the service member's creditable military service, and other relevant circumstances.
The Service Members Civil Relief Act
The Service Members Civil Relief Act (SCRA) is another federal law enacted to provide protections and benefits for active-duty service members in various legal proceedings. Its purpose is to alleviate some of the burdens that military service can impose on individuals and their families.
One key point about the Service Members Civil Relief Act (SCRA) that pertains to military divorce is the provision for a stay (temporary halt) of legal proceedings. Under the SCRA, service members can request a stay of divorce proceedings if they cannot attend court due to their military service obligations.
This provision recognizes service members’ unique challenges and aims to ensure they can participate fully in divorce proceedings. It allows service members to focus on their duties without being disadvantaged in divorce-related legal matters.
Service members can postpone divorce proceedings by requesting a stay until they can actively participate. This provision helps to prevent default judgments or any adverse consequences resulting from an inability to be present in court due to military service obligations.
The SCRA does not provide an exemption from divorce proceedings altogether. Instead, it allows for a temporary postponement to ensure service members have a fair opportunity to participate in the process.
Why Hire a Military Divorce Lawyer at Peek Goldstone, LLC?
Going through a divorce is a complex and emotionally challenging experience. You can gain a significant advantage by hiring a qualified military divorce lawyer. Our attorneys have the knowledge and experience to navigate the unique challenges of military divorce and will advocate for your best interests every step of the way.
We understand the sacrifices you've made for our country and are committed to providing you with the exceptional legal representation you deserve. Let us help you navigate the complexities of military divorce as we work to ensure that your rights and future are secure.
Contact us today at (970) 442-5281 for guidance from a Greeley military divorce attorney.