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Military divorce requires knowledge of state and military laws

Married life presents may challenges, especially when one or both partners are active duty service members. When a marriage becomes unsustainable, the process of seeking a military divorce also comes with a few extra considerations. Colorado service members who are contemplating this step may benefit from the input of an attorney who routinely handles this type of marriage dissolution.

The different branches of the military all view a divorce has a matter best handled through the state where one files. Indeed, even though the different branches provide legal assistance for many types of issues, they do not provide assistance when it comes to separation or divorce. When one is seeking to end a marriage with a spouse who is either retired or an active duty member, there are several key points to consider. Most of these involve the different benefits that are provided to eligible military families.

There are two specific regulations that the military instituted that are meant to provide protections for both service members and their spouses. These rules also help ensure that a military member cannot attempt to prevent a former spouse from accessing key benefits, including identification cards, any medical benefits that may apply, or a portion of retirement pay that one may qualify for based on certain requirements. Furthermore, there may be a question of base housing and how one can collect alimony or child support payments once the divorce has been granted.

The decision to enter into a marriage with a spouse who is serving his or her country usually calls for serious sacrifices. However, if that relationship comes to an end, the importance of obtaining the guidance of an attorney who is knowledgeable of both Colorado's divorce laws along with the process of obtaining a military divorce cannot be overstated. One has likely already made many concessions throughout the marriage, it is now time to ensure that one is able to secure the best possible outcome for his or her divorce.  

Source:, "Military Divorce and Separation", Rod Powers, Accessed on Feb. 11, 2018

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