MILITARY FAMILY SERVICES
Denver Military Divorce Lawyers
Experienced Military Divorce Lawyers
If you are a military member or military spouse, Littman Family Law can assist you with your divorce or family law matter.
Military Families
If you are a military member or military spouse, Littman Family Law offers specialized expertise in handling the unique aspects of military divorce and family law concerns. Our team of experienced divorce lawyers understands the distinct challenges faced by military families, including issues related to deployments, military pensions, and residency requirements. We are well-equipped to guide you through the process and ensure your rights are protected, no matter how complex your case may be.
Military divorces often involve specific considerations that are different from civilian cases, such as the division of assets and liabilities, which can be complicated by factors like military benefits and retirement plans. If you have a prenuptial agreement in place, we will carefully examine it to ensure that your financial interests are safeguarded. If you do not have such an agreement, we can help navigate the fair and equitable division of assets, taking into account the unique aspects of military service that may impact your settlement.
In addition, we recognize that family circumstances can change even after a divorce is finalized, which is why we offer assistance with post-decree modifications. These modifications may be necessary if there are changes in deployment status, relocation needs, or shifts in financial situations that require adjustments to support arrangements or custody agreements. Littman Family Law is committed to providing ongoing support to military families, ensuring that all legal matters are handled with the utmost care and sensitivity, including those that pertain to same-sex marriages.
Special Requirements For Military Divorces
Determining where to file a divorce or other family law matter may not be easy if Colorado is not the legal residence or domicile. Proper handling of military retirement benefits requires a high level of knowledge and skill as military retirement is very different from most civilian retirement plans. Obtaining payments for the non-military spouse of both child support and retirement benefits requires knowing how to work with DFAS (Defense Finance and Accounting Service) if the marriage was ten years or more.
Related: What Are the Steps to Filing for Divorce in Denver?
Another unique circumstance is the survivor benefit plan (SBP) election. This involves protecting the non-military spouse’s entitlement to his or her share of the military retirement plan. Littman Family Law is dedicated to providing comprehensive and skilled divorce representation to current and retired military service members and their families. We have previously worked with clients or their spouses from all branches of the U.S. Armed Forces, current or retired. We have also worked with members of the U.S. Coast Guard, Public Health Service, and other uniformed services.
Military families bring with them a special set of needs, given the demands on military members called to active duty. We create an individualized approach to the needs of each military family member who becomes our client. Whenever possible, we look to resolve issues through collaborative law, which is uniquely suited for military families, as well as through Early Neutral Evaluation and Mediation. These approaches offer savings to military families from both an economic and emotional standpoint. However, when litigating is necessary, we will represent our clients diligently.
Offering Reduced Fees For Military Divorces
We offer all legal help for military spouses or military members — active duty, honorably discharged, or retired — a 10 percent reduction on our hourly rates with proper identification. Our practice works with families from Denver and throughout the metro area, Colorado’s Eastern Plains, and Western Slope communities.
Schedule a consultation today by calling 303-832-4200 or by sending us an email.
Frequently Asked Questions
Military divorces in Denver, Colorado, require meeting residency requirements of 91 days, or if the service member is stationed in the state, they may claim residency regardless of the duration of stay. The Servicemembers Civil Relief Act (SCRA) allows active-duty service members to request a stay in divorce proceedings if their duties prevent participation. Military pensions are treated as marital property and can be divided according to the Uniformed Services Former Spouses’ Protection Act (USFSPA). Child custody and support considerations must factor in the service member’s potential deployments and relocations. Lastly, non-military spouses may retain certain benefits, including healthcare and base privileges, depending on the length of the marriage and service.
Dividing military pensions in a divorce involves several key steps. The court must have jurisdiction over the service member, established by their residence, domicile, or consent. The pension is divided based on the duration of the marriage overlapping with military service, using the “disposable retired pay” which excludes certain deductions. For direct payments from the Defense Finance and Accounting Service (DFAS), the couple must meet the 10/10 rule (10 years of marriage overlapping 10 years of military service). The former spouse must submit a certified court order to DFAS to initiate payments, which cannot exceed 50% of the service member’s disposable retired pay.
Yes, child custody arrangements can be modified for military families in Colorado if there is a significant change in circumstances affecting the child’s best interests. Changes such as job relocations, deployments, or the child’s evolving needs can justify a modification. The process involves filing a motion with the court, presenting reasons and evidence for the requested changes. Mediation and collaborative approaches, like co-parenting plans, are encouraged to resolve issues amicably outside of court. If mediation fails, the court will decide based on the best interests of the child.
Military spouses undergoing divorce in Denver can receive various forms of legal support designed to address the unique challenges of military life. The Servicemembers Civil Relief Act (SCRA) offers protections such as postponing court proceedings for active-duty members who cannot attend due to their duties. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows courts to treat military pensions as marital property for equitable division. Specialized military divorce attorneys help with issues like jurisdiction, custody impacted by deployments, and the division of military benefits, ensuring both parties’ rights are protected. Legal firms such as Littman Family Law provide consultations and strategic advice tailored to military divorces. Please contact us for more comprehensive consultations.
Additional Information in Denver, Colorado
Littman Family Law and Mediation Services
1772 Emerson Street
Denver, CO 80218
Phone: 303-832-4200
Fax: 303-832-9322
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