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March 12, 2025
READ THE POSTEven if you’re going through a divorce where you and your spouse agree to part ways, it’s still a challenging process that can become quite complicated. If you throw in one or both spouses as members of the military, then it can become even a more complex process.
Each state will handle a military divorce differently, and the federal laws that govern military divorces also have to be considered. In Colorado, where many active-duty servicepeople live, there are important things to know and understand if you’re seeking a divorce. Read on to find out more.
How Do You File For Divorce in Colorado?
In order to file for divorce in the state of Colorado, these things must be true:
- You or your spouse have resided in the state for at least 91 days
- A petition for divorce is filed in the county where you live
- Any spouse who is on active military duty must be served with a summons and a copy of the petition of the divorce in order for the court to have jurisdiction over them.
CO Divorce: How Is It Different for Military Members?
There are a few important ways that a military divorce differs from a civilian divorce. While the process is similar, there are other factors military members have to consider, such as:
- Some laws that dictate how divorces are handled in the military
- Whether or not military benefits are assets that can be divided
- The residency status of the military member
- Custody arrangements that can be impacted by deployments
- If you were married while your spouse was on active duty, you are entitled to a percentage of their military retirement
The Civil Relief Act
During civil procedures such as divorce, civilians must respond to a divorce application within a certain number of days. In cases where one spouse is a service member, they are protected from being held in default for failure to respond to an application if they are on duty.
In fact, Colorado courts can postpone the divorce proceedings for the whole period in which the spouse is on active duty, including up to 60 days after their duty ends. This is done to help protect service members who may be deployed. It is meant to give them plenty of time to go over their options with the help of their attorney.
Child Custody Issues
If children are involved in the divorce, then child custody and child support are considered. Courts in the state tend to grant more flexibility in cases where one spouse is an active-duty service member since deployments can impact child custody arrangements.
On the other hand, child support is still determined by guidelines used in Colorado. Additional language can be added to account for deployment pay variance, but it’s essentially the same process as civilian divorces.
You need help navigating your military divorce, so make sure to reach out to an attorney to get the representation you need.
About the Author:
Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his client’s rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.
