Colorado Springs Military Divorce

Colorado Springs Military Divorce - Jurisdictional Issues - Where do you file it?

It's not easy to determine where a particular military divorce case is to be filed. Due to complications arising from the constant movements of the service member (SM), there are at least three places where a divorce can be initiated. They are:

1. The legal residence of the spouse
2. The domicile state of the SM
3. The state where the SM is currently stationed

Since all these three states can be different, it's the job of your Colorado Springs military divorce attorney to ensure that the divorce is filed in the state with the laws most beneficial to you. This is one of those aspects of the case that is crucial to get right at the very start. It can make or break the case for you and will most certainly have a huge impact on how you perceive the outcome.

Implications of Jurisdiction

One of the most important reasons to carefully choose the state in which military divorce is filed is due to the division of military retirement pension. Depending on the state, the spouse of the SM may or may not be able to obtain a share of the retirement pension. However, according to the Uniformed Services Former Spouses Protection Act (USFSPA), it is always possible to obtain a division of pension if the case is filed in the legal residence of the SM. Most of the time therefore, it's in the best interests of the spouse to file for retirement there.

Of course, it follows that for the SM, his or her legal residence is not the best place for a military divorce. His or her divorce attorney must look carefully into the policies of the other states where filing is possible and figure out which area is best.

Replying to a claim

We have seen that the best place for the spouse to file for divorce is the domicile of the SM. If the spouse doesn't file there however, permission is required from the SM for the court to accept jurisdiction of the division of the pension. Merely replying to a claim for such jurisdiction can be seen as permission. So the SM must be careful while replying to any such claim!

Hiring a Colorado Springs Military Divorce Attorney

The complications of a military divorce can be overwhelming. It's crucial therefore to have an experienced attorney at your side whose job it is to help you navigate these dangerous waters. Our Clawson & Clawson attorneys specialize in such cases and because of that, we can ensure the best possible outcome for you. Contact us for a free initial consultation.