Military Divorce Attorney

At Philip Goldberg PC, we represent military clients seeking a divorce in Colorado. We understand the difficulty and complexity of ending a marriage. Divorce can feel even more difficult for individuals in the service or their non-military spouses.

Our firm guides clients through the divorce process by offering a personal touch, with our expert attorney managing each case. We understand Colorado family law and how being in the military impacts divorce.

Contact our office to request an appointment to discuss your legal rights during a divorce.

What is a Military Divorce?

Military divorce in Colorado is the same as any other divorce. Military members must hire a civilian lawyer because military attorneys cannot represent service members in a divorce.

One common problem with a divorce in a military family is determining jurisdiction. Colorado requires at least one spouse to have legal residency in the state for a minimum of 91 days. Active service members often move frequently, making establishing residency more difficult.

Issues Involved in Military Divorce

  • Spousal maintenance – The courts do not distinguish between civilian and military divorce when determining spousal support. The court uses the same process to decide whether spousal maintenance is necessary for all types of divorce.

  • Child custody and visitation – Colorado law decides the allocation of parental responsibilities based on what is best for the children. However, active duty service members face challenges for child care, which could impact custody.

  • Property division – Colorado divorce law divides marital property equitably between spouses. However, many military families live in base housing. If the spouse in the military moves out, the family may no longer qualify to live in base housing.

  • Division of retirement benefits – The Uniformed Service Former Spouses’ Protection Act, passed by Congress in 1982, allows divorced spouses of military members the right to seek a portion of the military member’s retired pay or military pensions.

The Military Divorce Process

The process for a divorce in Colorado is the same regardless of military status. Once you’ve established jurisdiction, you may proceed with the dissolution of the marriage.

Work with an experienced Colorado family law attorney to ensure you understand the process, file paperwork correctly, and meet legal deadlines. Philip Goldberg PC represents military clients involved in a divorce.

  • Initiating the Divorce – The military member or military spouse may file for divorce. The filing spouse is the “Petitioner,” and the other spouse is the “Respondent.”
  • Initial Status Conference – The court will schedule a preliminary hearing within 42 days of filing.
  • Disclosures and Discovery – The parties must exchange and file certain “financial disclosures” within 42 days of filing.
  • Temporary Orders – If required, the court determines the need for temporary arrangements for specific issues, like child custody and spousal maintenance.
  • Permanent Orders – The court makes a final ruling on the details of the case, including division of property and parental responsibilities.
  • Decree of Dissolution – The court grants the legal dissolution of marriage.

Colorado requires a minimum 91-day (13 weeks) waiting period between serving the Petition and the court granting the dissolution of marriage.

Philip Goldberg PC

Contact Philip Goldberg PC

Request an appointment to discuss your family law needs.

How a Divorce Lawyer Can Help with Military Divorce

Working with an experienced military divorce lawyer provides support throughout the divorce process. Our legal team has extensive knowledge about military divorces and how they differ from civilian divorces.

We provide knowledgeable and compassionate representation with a focus on the details.

  • Understand the unique challenges facing military marriage
  • Assist with the processing of military and divorce documents
  • Protect rights and interests of military members or their spouses
  • Handle financial matters related to military retirement benefits
  • Represent you at hearings and trials

Military Divorce FAQs

Colorado law treats divorce the same for civilians and military personnel. However, the law does address the breakdown and distribution of military retirement benefits. The military does not provide legal services for divorce proceedings.

Divorce in Colorado takes a minimum of 13 weeks due to the mandatory 91-day waiting period. However, the divorce process often takes longer. Each case has different circumstances that the court must weigh.

When you work with Philip Goldberg PC, we walk you through the process to achieve effective and efficient results.

No. The military does not provide legal support for family law issues. The divorce proceedings fall outside of military jurisdiction and instead follows the civilian divorce process. Therefore, a military lawyer does not provide representation during the divorce. Instead, the spouses must hire civilian lawyers during a divorce.

Legal Support for Military Service Divorce

Philip Goldberg PC has a clear knowledge of military family law, including divorce during military service. We work with clients seeking a divorce in Colorado.

We understand that divorce is challenging under any circumstances, but the issue becomes even more complex when you or your spouse serve in the military. That’s why we offer a compassionate approach based on our extensive experience. Let us help you navigate your military divorce issues.

Contact us today to schedule an initial consultation.