According to data from the U.S. Census Bureau, military service members have the highest divorce rate of any other industry, sitting at roughly 4.8 percent.
Military divorce can be more complicated than civilian divorce in many ways. If both spouses are members of the military, the process brings even more challenges. These challenges are all too common for military families in Colorado Springs, with many connected to the Air Force Academy, Fort Carson, Peterson AFB, and other installations.
At Rocky Mountain Legal Group, we’ve worked closely with military families in Colorado Springs for more than 25 years. We know how difficult these times can be, and having professional, committed guidance throughout the divorce process is key to achieving fair resolutions.
In this post, we will discuss the nuances of military divorces.
Key Differences Between Military Divorce and Civilian Divorce
Divorce involving military personnel uses the same basic legal process as civilian divorce, but there are several extra rules and protections that can impact key items, from timelines to division of property.
The primary differences include issues related to:
- Serving divorce papers
- Adhering to the Servicemembers Civil Relief Act (SCRA)
- Division of benefits
- Residency and jurisdiction
- Child custody and support
- Alimony
- Confidentiality
There are specific guidelines that need to be followed to make sure military divorces are handled properly.
Serving Papers
Serving papers can be more difficult if the service member is deployed, stationed overseas, or frequently moving around. In some cases, the court may require alternative methods of service if traditional in-person delivery is not possible.
Service by mail or through commanding officers may be permitted, but certain rules need to be followed under state and federal law:
- The commanding officer may need to be informed and granted permission for service on base.
- Proof of service (such as an affidavit or return receipt) needs to be provided to the court.
- Service by mail typically requires a signed receipt from the service member.
- If service is difficult or unsuccessful, the court may allow service by publication or other means.
- All service procedures need to comply with the Servicemembers Civil Relief Act (SCRA).
- Deadlines and timeframes for response may be extended if military duties interfere.
Serving papers can be extremely difficult in military divorces, especially if one or both spouses are deployed. It’s strongly recommended to work with a military divorce attorney familiar with the procedures to make sure the service is legally recognized.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides legal protections for active-duty military members, helping them manage civil legal matters while they are serving. This Act:
Allows active-duty members to postpone or suspend certain civil obligations, like court proceedings, if their service interferes.
- Protects against default judgments when a service member cannot appear in court or respond in time.
- Caps interest rates on certain loans and credit obligations to 6% during active duty.
- Provides protections against eviction, foreclosure, and repossession.
- Ensures that military service does not negatively impact certain legal rights and proceedings.
SCRA protections may delay military divorce proceedings to make sure active-duty members are not disadvantaged by their service commitments.
Division of Benefits
Division of military pensions and retirement benefits is governed by federal law — the Uniformed Services Former Spouses’ Protection Act (USFSPA) — not just state law.
Marital Property Division and Considerations
Colorado is an “equitable distribution” state. Marital property (assets and debts acquired during marriage) is divided fairly, but not always equally. Military pensions are considered marital property if earned during the marriage, and Colorado courts typically divide the portion accrued while married.
Understanding the Uniformed Services Former Spouses’ Protection Act (USFSPA)
According to the Defense Finance and Accounting Service, USFSPA gives states the authority to divide military retirement pay as property rather than income. Under USFSPA, the court can treat military retirement pay as divisible property in a divorce, but certain federal guidelines apply, including:
The marriage needs to have overlapped with at least 10 years of military service for a non-military spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS), commonly known as the “10/10 rule.”
- The court order dividing retirement is required to specify the amount or percentage awarded.
- Only disposable retired pay (after deductions for disability and survivor benefits) can be divided.
Division of benefits like medical care, commissary, and exchange privileges depends on the length of the marriage and duration of service overlap, with full benefits typically available only if the marriage lasted 20 years and overlapped with 20 years of service (“20/20/20 rule”).
This process can become extremely complicated for divorcing spouses. This is why precise language in court orders is required to make sure that benefits are distributed correctly according to both federal and state law.
Residency and Jurisdiction in Colorado Springs
Residency requirements can be more flexible for service members stationed out of state or overseas.
Before filing for divorce, spouses need to understand where they can (and should) file their case. In Colorado Springs, either you or your spouse must have been a resident of Colorado for at least 91 days.
For military families, “residency” may be interpreted with more flexibility. If a service member is stationed in CO Springs (even temporarily), they may be able to claim residency for divorce purposes.
For example, if a couple is stationed at Fort Carson – but the service member is originally from another state – Colorado courts may hear their divorce if they meet the 91-day rule. This flexibility can help military families who move often or who are assigned to a location short-term.
Most importantly, you’ll need to be clear on which court you’ll file in and gather documents that establish your or your spouse’s connection to Colorado Springs, like housing agreements, military orders, or proof of address.
Child Custody and Support for Military Families
Arranging custody and support is rarely straightforward – in both civilian and military divorces. However, there are several additional challenges in military divorces, including deployment, relocation, and unpredictable schedules.
Deployment and Custody Arrangements
Parenting plans need to account for possible overseas assignments, training, or sudden moves in determining custody arrangements.
Colorado law allows for “delegation of parenting time,” meaning a service member may designate another person (like a grandparent) to exercise their parenting time while they are deployed.
If a service member is required to relocate, courts look at the child’s best interests while minimizing disruption.
Child Support Calculation with Military Income
Military pay can be very complicated to calculate in relation to child support — basic pay, housing allowance (BAH), cost of living adjustments, and special duty pay are all considered income in Colorado.
The court requires a full Leave and Earnings Statement (LES) and may average atypical pay if deployment or hazard duty is involved.
You can start by using online tools like the Colorado Child Support Calculator can help estimate support levels, but it’s a good idea to check for special military considerations.
Military Divorce, Alimony, and Spousal Support
Spousal maintenance (alimony) is generally determined the same way as in civilian divorces, but there are some extra nuances to consider.
Factors Affecting Military Divorce Alimony
The court examines each spouse’s:
- Financial resources
- Duration of the marriage
- Health
- Earning potential
- Contributions during the marriage
If deployment or military benefits affected one partner’s career or education, like if a spouse had to leave their job or put their education on hold due to frequent relocations, the court may consider this loss of income or opportunity when determining alimony.
Confidentiality
Confidentiality and national security issues may restrict access to certain information or documentation. Military records, deployment details, and sensitive assignments may not be disclosed to protect operational security.
As a result, attorneys and courts may need to follow special procedures or work with military legal advisors to gather necessary information for the divorce process.
Timelines and the Servicemembers Civil Relief Act
Under SCRA, the court is required to allow delays or “stays” of divorce proceedings if military duties make participation impractical.
This means the divorce process could take longer, especially if the service member is deployed overseas. Courts may also grant extensions if service members can show that their work prevents their participation in the divorce process.
Required Documentation for Military Divorces
To proceed with a military divorce, you will need several key documents, including:
- Military orders providing assignment and residency
- LES (Leave and Earnings Statement) for an accurate financial disclosure
- Marriage certificate and, if applicable, any prior divorce decrees
- Parenting plan proposals if children are involved
Failing to provide accurate or complete documentation can further delay proceedings or affect property and support decisions.
Working with a Military Divorce Lawyer in Colorado Springs
Military divorces are very layered and full of red tape.
Having a military divorce attorney with experience in both Colorado family law and federal military regulations on your side makes all the difference. This is especially true if issues like domestic violence, property division across states, or international custody factor into the case.
An experienced Colorado Springs military divorce lawyer understands the needs of the local military community and can provide insight into resources unique to the area.
They can help you in:
- Gathering the right paperwork
- Meeting requirements for serving active-duty members
- Securing stays if deployment affects response times
- Making sure all military benefits are accurately handled.
For victims of domestic violence, specialized support is available both through local shelters and resources such as TESSA of Colorado Springs.
Taking the Next Step for Your Family
Military divorce in Colorado Springs involves more moving parts than most civilian cases. From residency rules and unique timelines to dividing federal benefits and building parenting plans, every decision affects your future security and stability.
At Rocky Mountain Legal Group, we understand that most spouses are in this situation for the first time – and the requirements are not always clear. Our Colorado Springs military divorce lawyers are here to help you and your family reach a fair resolution.
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