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Military Divorce Your Premier Colorado Attorneys

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.

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    "Amanda didn’t flinch and was willing to get right into working for me."
    I had gone to numerous other divorce/child custody lawyers and they were intimidated by the judge and my ex-wife's attorney. Some attorneys even said they couldn’t help me. Amanda didn’t flinch and was willing to get right into working for me.
    - Jason
    "Highly recommended for any family court needs."
    Words cannot express how much this team and Mr. Goldstone himself have helped my family and I. I owe them a debt of gratitude. Highly recommended for any family court needs.
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    "Super helpful and went above and beyond for us."
    Laura Petrilli was super helpful and went above and beyond for us, as we were under a firm deadline to leave town and needed documents prepared quickly. She was friendly and kind, and made the process very smooth. We would highly recommend Laura for anyone looking for assistance with estate planning.
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    "Attentive to my concerns."
    Had a consultation meeting in two days. Always returned my phone calls. Kept me informed on my case. Was attentive to my concerns. Thank You Laura !
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    "They made us feel very comfortable."
    My husband and I needed help creating the correct paperwork for a personal loan to a family member. Laura was professional, prompt and helpful with suggestions about contacting a CPA. She shared with us the pros and cons of loaning money to a family member and let us make the decision.
    We would definitely use her again if the need arises.
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    "Wonderful experience!"
    Laura helped us to get wills and power of attorney documents created. She made the process smooth, painless and explained it all really well! She is knowledgeable and kind!
    - Liz
    "The entire staff were professional and courteous."
    Ms. Petrilli handled some of my estate planning by drawing up a “Will” and “Power of Attorney” for me. She did an excellent job of explaining everything up front to me at the initial consultation and interview as to the cost and how the process would be handled. She was very fast and efficient getting the final documents to me. The entire staff were professional and courteous.
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      "Highly recommended for any family court needs."
      Words cannot express how much this team and Mr. Goldstone himself have helped my family and I. I owe them a debt of gratitude. Highly recommended for any family court needs.
      - Matt
      "Attentive to my concerns."
      Had a consultation meeting in two days. Always returned my phone calls. Kept me informed on my case. Was attentive to my concerns. Thank You Laura !
      - Jennifer
      "They made us feel very comfortable."
      My husband and I needed help creating the correct paperwork for a personal loan to a family member. Laura was professional, prompt and helpful with suggestions about contacting a CPA. She shared with us the pros and cons of loaning money to a family member and let us make the decision.
      We would definitely use her again if the need arises.
      - Mary
      "Scott was always attentive to our needs."
      I’m what they called a satisfied customer, both on a professional and personal level Scott was always very respectful and attentive to what our needs were and what we were looking to get out of this case. Overall I can say and recommend to hire him on since he was always approaching the case as if it was his, kept in contact as much as possible and always was able to answer any question to the best of his abilities also always well dressed and on time for all the court dates.
      - Isael
      "Super helpful and went above and beyond for us."
      Laura Petrilli was super helpful and went above and beyond for us, as we were under a firm deadline to leave town and needed documents prepared quickly. She was friendly and kind, and made the process very smooth. We would highly recommend Laura for anyone looking for assistance with estate planning.
      - Tami
      "The entire staff were professional and courteous."
      Ms. Petrilli handled some of my estate planning by drawing up a “Will” and “Power of Attorney” for me. She did an excellent job of explaining everything up front to me at the initial consultation and interview as to the cost and how the process would be handled. She was very fast and efficient getting the final documents to me. The entire staff were professional and courteous.
      - James
      "Amanda didn’t flinch and was willing to get right into working for me."
      I had gone to numerous other divorce/child custody lawyers and they were intimidated by the judge and my ex-wife's attorney. Some attorneys even said they couldn’t help me. Amanda didn’t flinch and was willing to get right into working for me.
      - Jason
      "Very knowledgeable and easy to talk to."

      Throughout my divorce and custody proceedings Scott has offered excellent legal advice and ensured that I was well informed of my options and the next steps in the process. He has provided realistic expectations and treated myself, as well as my family, with respect and understanding.

      Scott is very knowledgeable and easy to talk to. I strongly recommend Scott to anyone in need of high- caliber legal representation.

      - Cindy