Standing by Their Side: Supporting Military Families This Fourth of July

July 4, 2024

Colorado Military Jurisdiction Military hand shaking attorney hand. American flag in background.

At Johnson Law Group, we can help you understand military jurisdiction in Colorado. For military members, family law can often get complicated because it involves both state and federal laws. Here's a breakdown of the key points:

  • Generally, Colorado state courts have jurisdiction over divorce cases, which means they have the authority to hear and decide them.
  • However, for military families, there can be exceptions due to the Servicemembers Civil Relief Act (SCRA). The SCRA protects deployed service members from certain legal proceedings, including divorce.
  • Determining the proper court can depend on several factors:
    • Where the service member is stationed: If stationed in Colorado, the state court might have jurisdiction even during deployment. This can depend on other factors as well.
    • Length of residency in Colorado: A Colorado court might have jurisdiction if a spouse has established residency in Colorado for at least 91 days (or the service member is stationed here).
    • Deployment status: The SCRA may offer protections for deployed service members, potentially delaying the proceedings.

Some of the Colorado exclusions if you're facing a military divorce are:

  • You cannot obtain a default judgment (automatically win the case) against a deployed service member.
  • You may have to wait for the service member to return before the case can proceed, depending on the specific circumstances.

Unique Legal Considerations

Also, it is essential to understand that in Colorado, military divorce can present unique legal considerations compared to a civilian divorce. Some of these complications can include:

  • Division of Military Retirement: Military retirement benefits are considered marital property in Colorado. Dividing these benefits fairly often involves the "10/10 rule," requiring a 10-year marriage overlapping with ten years of active-duty service to qualify for a portion of the retirement.
  • Deployment Considerations: Deployments can impact timelines, communication, and child custody arrangements.
  • Jurisdiction: As previously mentioned, frequent relocations can complicate the determination of the proper court for filing a divorce complex.

Family Law Help For The Military

At Johnson Law Group, we understand the unique challenges faced by Colorado's military families during divorce. We are dedicated to providing empathetic and knowledgeable legal guidance to help you navigate this complex process with dignity. Here is how we can help you thrive:

  • Experienced Representation: We have extensive experience handling military divorce cases in Colorado. We understand the intricacies of military law and can ensure that your case is dealt with fairly and efficiently.
  • Navigating Jurisdiction: We will help you determine the correct court to file for divorce based on your specific circumstances.
  • Fair Division of Assets: We will advocate for a fair division of all marital property, including complex assets like military retirement benefits.
  • Child Custody and Support: We will work with you to create a child custody and support plan that considers deployment schedules and the unique needs of your family.
  • Communication and Efficiency: We are committed to clear and consistent communication throughout the process, are sensitive to the challenges of deployments, and maintain a sense of normalcy for your family.
  • Supporting Veterans' Resources: We understand the additional resources available to military families and can work alongside them to ensure you receive the comprehensive support you deserve.

Standing Strong Together

This Fourth of July, let's celebrate the service of our military families while acknowledging the challenges they face. A fair and efficient divorce allows military families to move forward with their lives while veterans continue their service with peace of mind. We understand the importance of family and are dedicated to supporting those who have bravely served our country.

Schedule a Consultation to Discuss Your Path Forward

If you are considering divorce and are part of a military family in Colorado, we are here for you. We encourage all service members to schedule a complimentary consultation with our experienced legal team. We are here to answer your questions, explore your options, and help you navigate this challenging time with the support and respect you deserve. Don't hesitate to contact Johnson Law Group at 720-445-4444 today and get started.

From all of us at Johnson Law Group, we hope you have a Happy Fourth of July!

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Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
Our experience, dedication to Colorado families, and our success in each case we represent sets us apart from the competition. We are passionate about family and estate law. Our highly-qualified team will work tirelessly to achieve the best possible results in your case.


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