A military divorce is much more complex than a typical divorce in Colorado. Not only will you need to comply with Colorado’s divorce laws, but also federal laws as a military service member or spouse. It is imperative for your lawyer to understand the unique aspects and issues that come with a military divorce. At The Law Office of Stephen Vertucci, our Fort Collins military divorce lawyer has years of experience with this type of case. Our law firm has everything required to work through the key issues of your military divorce case.
Why Choose Our Law Firm?
Attorney Stephen Vertucci is a former prosecutor and experienced trial attorney. He provides effective and trustworthy counsel and advocacy during military divorce cases.
We exclusively practice family law, giving us in-depth knowledge of this practice area. We are skilled child custody, child support, property division and spousal maintenance attorneys.
You can count on us to simplify even the most complex divorce case. Our Fort Collins divorce lawyer offers strategic planning without the legal jargon.
What Makes a Military Divorce Unique?
A military divorce in Fort Collins is unique in that it does not only involve Colorado’s state laws but also federal laws. For example, the Uniformed Services Former Spouses Protection Act (USFSPA) is a federal law that protects former spouses of servicemembers. It gives each state the right to divide a military member’s disposable retired pay as marital property in a divorce case.
In some cases, it allows former military spouses to be awarded a share of this pay through a court order. In addition, the Servicemembers Civil Relief Act protects active-duty military members from divorce proceedings unless they agree to the divorce. Finally, under federal law, child support and alimony court orders cannot exceed 60 percent of a military member’s annual income.
Understanding Divorce Laws in Colorado
A military divorce in Fort Collins must abide by Colorado’s divorce laws if Colorado has jurisdiction over the case. State law says that at least one of the parties must have been domiciled in Colorado for at least 91 days prior to filing. Domiciled does not necessarily mean physical presence; it can refer to a military member who resides in another state but has his or her domicile in Colorado. Likewise, being stationed in Fort Collins is not necessarily enough to establish a domicile. Work with a Fort Collins military divorce attorney to find out if you have grounds to file in Colorado.
Child Custody in a Military Divorce
Child custody, or parenting time, is complicated in a military divorce. If one or both spouses are active-duty military members, this can make it more difficult to create an appropriate parenting schedule that works for both parties and is in the best interests of the child. The case must defer to The Uniform Deployed Parents Custody and Visitation Act if one or both parents are deployed.
Property Division in Military Divorce
Another unique issue in a military divorce is dividing military benefits as part of property division. The division of military assets must follow the rules of the USFSPA, which currently uses the Freeze Time Formula to determine how to distribute them. This formula is complex and often requires a Fort Collins military divorce lawyer’s assistance.
Colorado Statute of Limitations
The statute of limitations, or deadline for filing, a divorce case in Colorado is currently five years to reopen a divorce case that has already been finalized, on the basis that the other party failed to disclose assets. Other than this statute of limitations, there is no deadline on when you must file a military divorce case in Colorado.
Contact a Fort Collins Military Divorce Lawyer
A military divorce is a complicated and delicate matter that is best navigated by an experienced Fort Collins family law attorney in Fort Collins. Trust The Law Office of Stephen Vertucci with your case for personalized strategies and guidance through the legal process. We know how to handle military divorce cases and protect your best interests, either as a servicemember or spouse. Call (970) 900-1800 today to request a consultation.