Military Divorce Attorney

Philip Goldberg was an Army officer for eight years. We have extensive experience representing active duty and retired military service members seeking a divorce in Colorado. We understand the special rules and complexities involved in a military divorce.

Contact our office to schedule a consultation to discuss your legal rights during a divorce.

What is a Military Divorce?

A military divorce is a divorce proceeding involving an active duty or retired military service member. Military service members typically retain a civilian attorney because military attorneys do not represent service members in a divorce.

One issue in a military divorce is determining jurisdiction. Colorado requires at least one spouse to have residency in the state for a minimum of 91 days immediately prior to filing for divorce.

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 courts determine the allocation of parental responsibilities based on the children’s best interest. Sometimes special provisions are required to ensure that the service member’s parenting rights are protected in light of their military obligations and possibility of deployment.
  • Division of retirement benefits – Uniformed Services Former Spouses’ Protection Act permits divorced spouses of military members to request 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.

  • Initiation of Divorce – Filing the petition for divorce in the court and serving the other spouse.

  • Initial Status Conference – A meeting with the judge or family court facilitator within 42 days of serving the petition.
  • Disclosures – The parties have 42 days to exchange and file financial information.
  • Temporary Orders – The court may hold a hearing to enter temporary orders on issues such as temporary parental rights and spousal support.
  • Mediation – the parties meet with a mediator to try to amicably resolve any disputed issues
  • Permanent Orders – The court may hold a hearing to enter final orders on all issues including division of marital property and debts, child custody, and spousal support.
  • Divorce Decree – The court enters the Decree of Dissolution of Marriage which legally dissolves the marriage.

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

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Contact Philip Goldberg PC

Schedule a consultation to discuss your family law issue.

How We Can Help with Your Military Divorce

Our legal team has extensive experience representing military service members and their spouses in divorce proceedings. We:

  • Understand the unique challenges involved in a military divorce
  • Draft and process all documentafion required by the divorce court and military
  • Advise you on financial issues pertaining to the allocation of military benefits and retirement pay
  • Represent you at mediation and trial

Military Divorce FAQs

Are Military and Civilian Divorces Different?

No. However, divorces involving military service members often involve distinct issues related 4 to parenting, allocation of military benefits and retirement pay, and other issues not typically found in civilian divorces.

The length of time it takes to get a divorce varies depending on many factors. While the minimum timeframe is 91 days, cases often take much longer to resolve. The case may proceed to mediation or trial depending on the specific issues of the case and the cooperation of each party.

No. The military typically does not provide legal support for family law issues. If either party wishes to retain an attorney to represent them in the divorce, they must retain a civilian attorney.

Legal Support for Your Military Divorce

The attorneys at Philip Goldberg PC have extensive experience representing active duty and retired military service members seeking a divorce in Colorado.

We understand the special rules and complexities involved in a military divorce. Let us guide you through the military divorce process and help ensure that you receive the best possible outcome in your case.