Colorado Legal Blog

With so many complicating factors to consider, getting a Colorado military divorce is confusing enough; but determining jurisdiction for the division of military divorce benefits can make it even more complicated.

The Uniformed Services Former Spouse Protection Act (USFSPA) was developed to allow the divorce courts within a state to divide up the “marital assets” share of military retirement pay as if it were community property.  While the main provisions of this law are clearly understood by most couples, there is one provision that is often overlooked; Jurisdiction. 

For some people, the thought getting divorced is much too stressful on the family, so they choose not to jump into it right away.  It is not uncommon for couples to remain separated for many years by choice.  Legal separation is chosen over divorce for religious reasons, to maintain health coverage for a spouse, or to qualify for the Social Security death benefit. 

There is still quite a bit of confusion about legal separation vs. divorce in Colorado.  Are you wondering which way to go?  Here are some of the key facts that differentiate separation and divorce.

One of the easiest ways to move a Colorado divorce action forward quickly is to start with a legal marriage separation.  A legal separation in Colorado is usually accompanied by a legal separation agreement, a document that requires a couple to make the same decisions that they would make in a marital settlement agreement. 

Filing for legal separation is easy.  A Colorado Springs family lawyer can help you draw up the necessary documents, or you may choose to handle this part of it yourself, but there are basically three steps to turning a legal separation into a divorce in Colorado.

Many people use the word restraining order to refer to a Colorado temporary protection order, but there are some important differences between the two.

If you are involved in a family dispute or divorce action in the state of Colorado, you may be in need of a restraining order against your former spouse, but a Colorado temporary protection order is usually reserved for criminal cases or cases where domestic violence has occurred. 

How do I file for divorce in Colorado Springs? Do I need a Colorado Springs divorce attorney?                                   

You or your Colorado Springs area lawyer will have to prepare a Petition and a Summons and other accompanying documentation as directed by the Court. You begin the Colorado divorce process by filing your Petition and Summons with the clerk of the district court in the Colorado county where you or your spouse lives. You will have to pay a fee to file these papers unless you have a very low income and qualify for a fee waiver.

Copies of the divorce Petition and Summons must be officially delivered (or, in legal terms, served) to your spouse by someone other than yourself who is over the age of 18. The Summons is a paper that notifies your spouse that you are filing for a divorce and that he or she should file the Response.

In the Response, your spouse then indicates what needs to be resolved by the court. For example, he or she might object to your request for spousal support or sole custody of your children.

There are several steps that may occur after you file:

Is there Difference between a legal separation and annulment (declaration of invalidity) in Colorado?

Yes. You can get a legal separation or an annulment (in Colorado an annulment is called a “declaration of invalidity”). 

A Colorado Springs military divorce lawyer can assist you with either.

* Declaration of invalidity (annulment). If you are granted declaration of invalidity, it is as though your marriage never existed. You may be able to get a declaration of invalidity if you entered to marriage under the following circumstances:

Any Colorado divorce attorney will tell you; take the time you need to construct a workable parenting plan.  Some couples are so caught up in claiming their parenting time and determining physical and legal custody that the parenting plan often stops there.  However, being divorced means your relationship will change dramatically over the coming years, which may mean you don’t see eye to eye on important parenting issues.  If you are working with a Colorado divorce lawyer, he or she should make sure nothing is left out of this agreement. 

The parenting plan is an agreement between parents that outlines their specific responsibilities concerning minor children.  It includes both decision making and parenting time, but it should also cover topics like religion, dispute resolution, and medical issues. 

Below is a brief overview of what your parenting plan should cover, but be sure to seek the advice of a Colorado divorce attorney before you make a formal agreement.  A Colorado family law attorney will tailor the document to meet the specific needs of your family.

As of December 1, 2009, it is a crime in Colorado for drivers under the age of 18 to use any cell phone — handheld or not — while driving.  Also, it will be illegal for any driver to text while behind the wheel.

Rep. Claire Levy, D-Boulder said, “It is inherently dangerous to multitask while you drive.  “This bill is aimed at the most dangerous distraction commonly engaged in: text messaging and e-mailing while driving.”

The Denver Police Department (DPD) issued a training bulletin to its officers about the law, according to spokesman Sonny Jackson. He said that identifying drivers who are texting or minors who are talking on their cell phones would present challenges for officers.

“We have to look at this and see how it’s going to play out,” he said. “But we are charged with enforcing it, so we will have to do that.”

A series of serious car-related accidents, including one where Colorado high school senior killed a 63-year-old man because he was sending a text message while driving, and another accident where a 9-year-old girl was killed in Fort Collins by a driver on a cell phone, prompted lawmakers to consider placing more restrictions on drivers and cell phones.

“The convenience of having a cell phone in a car is not worth my daughter’s life,” said the mother of the 9-year-old girl killed by a driver on a cell phone.  She spoke during a February committee hearing on possible legislation that would restrict Colorado drivers from using cell phones. But the version of House Bill 1094 that passed and became law is much less strict than the measure several lawmakers originally wanted to pass. At first, Levy was looking to implement a sweeping ban on talking on a hand-held cell phone for all drivers.

The reaction time while driving a car and talking on a cell phone is close to the reaction speed and coordination of drivers that have had four alcoholic drinks, and you are four times more likely to be in an accident than a person who isn’t on their cell phone, according to the Colorado Democrat office.

A complete ban on cell phones while driving would surely face steep opposition in the Senate and possibly not pass at all.  Rep. Frank McNulty, R-Highlands Ranch, for one, argued in February that there are too many potential driving distractions for lawmakers to attack them individually. He added that the focus should be on teaching drivers to be responsible on the road.

“It seems we’re picking out one distraction because it’s politically expedient to do so,” he said.

Levy believes the lighter version of her bill is a step in the right direction, she last June, although she would have preferred a sweeping ban on cell phones for drivers.

“It is definitely better to have something than nothing.  It helps to raise the awareness of drivers that using their cell phone for any purpose is a hazard, and even though all we could get through was a ban on text messaging, I think that the debate has raised a lot of awareness about the safety issues associated with using your cell phone while driving.”

If you are involved in an auto accident when someone has been texting while driving, contact us for a free initial consultation as to what Clawson & Clawson can do to help you.

Do I have any options in how I handle my divorce or do I need a Colorado Springs military divorce lawyer?

Yes. You have several alternatives, including the following:

1.       Full attorney representation: You can get a divorce by having a Colorado Springs Attorney represent you in your divorce.

2.       Limited attorney representation: You can hire a Colorado Springs Family Law Attorney to assist you in a limited capacity with certain parts of the process.

3.       Mediation: for simple Colorado Divorce cases you and your spouse can reach a negotiated resolution with the assistance of a mediator in a non-adversarial setting and without going to trial.

4.       Self-representation (pro se): You can act as your own attorney.  However, the Courts typically will not give any special considerations to pro se party so it is important to understand that by representing yourself, you are taking a significant risk.

There can be advantages and disadvantages to each one of these alternatives. The course of action most appropriate for you will depend on your particular situation. Factors such as time, cost, the impact on your children, the communication between you and your spouse, and a desire for control in the process may influence your decision.

A Colorado Springs Military Divorce Attorney will be familiar with Colorado law and can determine the best way to handle your situation.  

Contact us now for a free consultation.

Before consulting with a Colorado Springs Wrongful Death lawyer, it is important to understand how the court defines “wrongful death”.  Wrongful death is when someone is killed as a result of another person’s wrongful act.  These acts may include negligence, assault and battery, manslaughter, vehicular manslaughter, a death that occurs during the course of another crime, and murder.  Basically it is a suit filed on behalf of the members of the family of the deceased.  Damages in a wrongful death suit are the compensation sought by the parties most affected by the death from the person who caused their death.