Upset service member

Military Divorce Lawyer

Deployment, frequent relocation, and a combination of federal and state jurisdiction make military divorces notoriously complicated.

Having an attorney who understands these intricacies can protect your livelihood and your relationship with your children.

Here is how the military divorce lawyers at The Dadvocates, serving men throughout Colorado, can help you...

Specialized Services Meeting the Needs of Military Families

Military members face unique challenges when navigating certain domestic relations issues. Our attorneys help men and fathers achieve the best results when it comes to:

Child Custody

If you or your former spouse is a service member, that means that one parent could be called to another side of the world at a moment's notice. Our military divorce attorneys are here to achieve a custody agreement that ensures your children will be in the care of trusted and nurturing individuals, no matter where you or your former spouse happen to be.

Child Support

For military personnel, failure to pay child support can not only result in wage garnishment, but also punitive action by a member’s command. Our military divorce attorneys can help to achieve a child support agreement that not only serves your children's best interests, but is also manageable within your means.

Military Pension and SBPs

Military pensions can be divided by state courts in any way they find reasonable, regardless of how long the marriage lasted. Also, if a military spouse has a Survivor Benefit Plan, a former spouse can collect those benefits according to an agreement or court decree. Our attorneys can protect your best interests in these matters. 

Why Hire the Dadvocates?

Hiring a lawyer with our firm can provide you with key advantages in your case:

We Are Service Members

Our attorneys include former active duty and current reserve military personnel with more than 15 years of experience in dealing with military divorces. We understand your needs from the perspective of both a service member and a civilian divorce attorney.

We Handle Both Family Law and Criminal Law Cases

Accusations of domestic violence can have a significant effect on both civilian and military divorces when it comes to child custody. Our attorneys are adept at bringing the truth to light in these cases so that you are not unfairly denied your rights or a relationship with your children.

We Are Exclusively Dedicated to Men and Fathers

Our focus is the presentation of the truth on behalf of dads and fathers. Sexist stereotypes can provide unfair leverage in divorce cases. However, we are here to make certain your case is presented objectively in order to achieve the results that you and your children truly deserve.

"Competent, Professional, and Personable."

1

Roshanda Gavin

2021

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After years of fighting for visitation rights, my brother was not only awarded those rights but joint legal custody as well. Samara and her team are very knowledgeable, persistent, and professional. If you need legal representation that will fight for you and get the job done this team is who I recommend. You won’t be disappointed. Our family is forever grateful for all the hard work and dedication from this firm. Thanks again and many blessings upon your family for bridging the gap in ours.

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1

James Harris

2021

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Dadvocates has an excellent team of lawyers that are caring, compassionate, and work hard to ensure that the divorce process is a smooth one! I would really recommend the firm to anyone considering a divorce. My brother’s divorce could not have gone as smooth with anyone but The Dadvocates.

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Can I File for Divorce in Colorado?

Because military families frequently relocate, it can be confusing when it comes to deciding where to file for divorce. In order to file in Colorado, the filing partner must have lived in the state for 90 days. Being stationed in Colorado doesn't constitute residency.

  • For a non-military spouse, the courts will usually look for a document such as a driver's license to verify residency, along with other evidence.
  • A military spouse will probably need to present not only a Colorado driver's license, but also a Leave & Earnings Statement (LES) listing their home state as Colorado. Other evidence, such as voting registration, will probably also be considered, but the driver's license and LES are the most pertinent.

The attorneys of our family law firm can help determine if you should file for divorce in Colorado. Filing in the military spouse's state of legal residence can result in a more streamlined process because it means the courts will have jurisdiction regarding the division of property.

The Servicemembers Civil Relief Act Legislation That Puts Legal Matters On Hold during Deployment

What Is the SCRA?

What if your spouse files for divorce or a change in custody or child support while you are deployed? Fortunately, the Servicemembers Civil Relief Act (SCRA) provides protections that allow you to concentrate on your duties rather than having to deal with these issues during deployment. 

How Does It Work?

This legislation grants service members 90 days from the end of their deployment to file for a "stay" on any default judgment entered regarding these issues. Under SCRA, service members can also request a 90-day extension to respond to divorce papers during deployment.

But I'll Still Be On Duty after Deployment...

Because re-entry into civilian life doesn't necessarily occur immediately following deployment, this legislation grants the same rights regarding any default judgment that takes place within 60 days of your return. 

Note that in certain situations, such as an ex-spouse needing to move out of state with children for work, a judge can grant a temporary order allowing the move until a full proceeding can take place.

You Must take Action to Exercise Your Rights Under the SCRA

Although the SCRA grants valuable protections, it is your responsibility to file for a stay within 90 days of the end of your deployment. A military divorce attorney with the Dadvocates can help you take advantage of your rights by filing on your behalf. Depend on our family law firm to provide the support you need so that you can concentrate on your duties as a service member without having to worry about having your livelihood or your relationship with your children becoming unjustly compromised.

"They Have Your Back the Entire Time."

1

Charlotte Anthony

2021

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Hands down the best law firm out there. They stuck through a very difficult divorce and child custody case with me. I had battled for years. I would recommend anyone of the attorney's in this firm. They look out for your best interests and have your back the entire time. Thank you again Dadvocates for absolutely everything."

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jimmie hoffman

2021

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Thanks for all of your help in getting my divorce resolved. Your help and assistance was very valuable in assuring that everything was taken care of in the best manner. I appreciated it as my life went through the transition.

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Book Your Consultation

The military divorce lawyers at The Dadvocates are committed to helping men and fathers from throughout the state of Colorado navigate these complex matters in a way that benefits your children while protecting your best interests. 

Men throughout the state of Colorado facing a military divorce can contact our Denver headquarters to schedule a consultation with a lawyer who understands the challenges this process presents. We have offices throughout the Centennial State to serve you:

  • Aspen
  • Boulder
  • Breckenridge
  • Broomfield
  • Colorado Springs / El Paso County
  • Crested Butte
  • Durango
  • Glenwood Springs
  • Grand Junction
  • Gunnison
  • Pueblo
  • Steamboat Springs
  • Vail

You can request a consultation with a lawyer using our online contact form or call:

(720) 749-2876

Divorce and Military Pension: Frequently Asked Questions

Can my ex-spouse collect any of my military retirement pay if our marriage lasted less than 10 years?

Yes. It is a common misconception that a marriage must last 10 years, and that those years must overlap with 10 years of service in order for retired pay to be divided in a divorce. In fact, a state court can decide to grant an ex-spouse a portion of military retirement regardless of how long the marriage lasted. This is just one of the many reasons why hiring a military divorce lawyer is crucial. 

What if the marriage did last at least 10 years that overlapped with 10 or more years of service?

In this case, under federal law, the portion of the military pension to which the ex-spouse is entitled will be paid directly from the military, rather than requiring the military ex-spouse to handle the payments.

How much of the pension is a non-military spouse entitled to following a divorce?

Under the Uniformed Services Former Spouse Protection Act (USFSPA), state courts consider retired pay to be marital property, so it can be divided any way the state chooses. It's up to the former spouse to seek a percentage of the service member's retired pay during the divorce process. An attorney can be invaluable in making sure a pension is divided fairly.

Will my former spouse collect more money when career advancements increase my pension?

Under the National Defense Authorization Act (NDAA), an ex-spouse won't benefit from promotions that happen after a divorce. Instead, the ex-spouse's share is calculated based on the service member's base pay at the time of the divorce.

The Dadvocates Are Here for You

Divorce is undoubtedly one of the most emotionally and financially taxing experiences many people face in their lives.

When one or both spouses is a service member, the stress can be further compounded by the significant demands of a military career and other factors.

As both civilian attorneys and service members ourselves, we understand the especially overwhelming nature of a military divorce. The Dadvocates are here to help men and fathers achieve a timely outcome that protects their relationship with their kids while keeping their livelihood intact moving forward.

You don't have to go it alone, and for the sake of your children and yourself, you shouldn't. Book a consultation with our family law firm, serving men throughout Colorado, today. You can request an appointment online or call us directly at: 

(720) 749-2876

Dadvocates office

How Divorce Affects a Survivor Benefit Plan

The Survivor Benefit Plan (SBP) is an option that pays a portion of retired pay to a beneficiary after the death of a retiree. It is funded through monthly deductions from the service member's retired pay. Often, the service member's spouse is a beneficiary. After a divorce, the former spouse may be still able to receive these benefits in one of two ways:

  • By request of the service member
  • By order of the courts

Under both of these circumstances, the service member can't name a subsequent spouse as a beneficiary as long as the former spouse is living, or until the former spouse gives up those benefits in writing.

An SBP is an important means of supporting your loved ones after you are gone. When it comes to your former spouse and your SBP, our attorneys are focused on fighting for the outcome you desire. Our military divorce lawyers can either help to ensure that your former spouse receives these benefits, or build a strong case in favor of the courts allowing you to direct those benefits elsewhere. Your goals, your livelihood, and your children's best interests are our focus.

"I Would Definitely Use This Firm Again."

1

Wilburn Dillon

2021

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I was involved in a custody and visitation case for my granddaughter, My attorney, Kaitlyn was wonderful. She was always available to listen to my concerns and handled the case with expertise, explaining all the possibilities and ways we should approach it. I would definitely use this firm again should the need arise.

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James Federick

2021

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Outstanding family lawyer, Highly Recommend. During COVID-19, I was obviously not in a place to meet physically with a lawyer so I was apprehensive about retaining a lawyer I couldn’t meet with. Samera organized a FaceTime call immediately. I couldn’t have made a better choice, Samera does what she says she is going to do, when she says she’ll do it - her advice is firm, reasonable and fair. She is responsive to communications and a great listener.

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The Dadvocates

The Dadvocates are the only lawyers in Colorado exclusively focused on protecting the rights of fathers. Our attorneys have received awards and prestigious recognitions from Super Lawyers, Avvo, and the National Academy of Family Law Attorneys. We assist dads in a variety of legal matters, including:

You can request a consultation with our firm by filling out our online form or calling (720) 749-2876.

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