Being married while at least one spouse is engaged in active duty often requires a level of commitment and sacrifice that is difficult to maintain. Deployments and reassignments may eventually take a toll that the spouses cannot endure. Colorado residents who are considering filing for a military divorce do have access to legal advice that can help ease the process.
Regardless of the branch of service, almost every servicemember or spouse can seek legal assistance from the base’s assigned legal advice personnel. These individuals can provide free services to one or the other party, which can include providing information concerning both the Servicemembers Civil Relief Act as well as the Uniformed Services Former Spouse Protection Act. Both of these are federal laws that provide assurance that the rights of either spouse are protected.
These legal assistants can provide general information and guidance regarding how to file a petition for divorce and how the dissolution will affect taxes and possible retirement pay. They can also provide general advice on matters such as child custody and visitation rights, but they cannot provide representation in court or work out a contested divorce. The legal assistance office can provide information as to whether a spouse could potentially qualify for retirement benefits as well as other military benefits according to established guidelines.
If the servicemember does seek advice from the legal assistance office, his or her spouse can be referred to another office for similar assistance so as to avoid any conflicts of interest. These offices can also provide guidance as to how to proceed with a dissolution when stationed overseas. In general, the military views a divorce as a civil matter that is handled by the states. However, due to the complexities that may be involved, Colorado residents may be best served by seeking out the services of an attorney who is well-versed in the procedures regarding a military divorce in order to reach an optimal settlement agreement.