Colorado Family Law for Military Families: What You Should Know
Understanding Colorado family law can be a complex task, especially for military families who face unique challenges. Whether dealing with divorce, child custody, or support issues, it’s vital to be informed about how military service impacts family law in Colorado.
1. Military Status and Its Implications
In Colorado, military service can influence various aspects of family law. For instance, the Servicemembers Civil Relief Act (SCRA) provides protections for active-duty service members in legal proceedings. This means that if a service member is deployed, they may be entitled to delays or postponements in family law cases, ensuring they can fully participate in legal proceedings when they return.
2. Divorce Considerations
Divorce can be particularly complicated for military families. Colorado law requires that at least one party has been a resident of the state for at least 91 days before filing for divorce. Additionally, property division can be complex, as military pensions and benefits are subject to unique considerations. Generally, military retirement pay is considered marital property if earned during the marriage, which can significantly impact the division of assets.
3. Child Custody Arrangements
Child custody arrangements in Colorado for military families can differ greatly from those of civilian families. The court takes into account the best interests of the child, and the custodial parent’s military deployment can influence custody decisions. Courts may establish temporary custody agreements or use a “designated parent” arrangement to ensure stability for the child during deployments.
4. Child Support Guidelines
Child support calculations in Colorado are made using state guidelines, which consider both parents’ incomes. For military families, this may involve calculating the service member's pay, benefits, and any additional allowances. Importantly, military service members can have their child support obligations modified based on changes in their service status or income.
5. Access to Legal Resources
Military families often have access to legal resources that can help navigate the complexities of family law. Many branches of the military offer legal assistance offices where families can seek guidance on their specific situations. It is crucial to utilize these resources to understand rights and responsibilities better.
6. Mediation and Alternative Dispute Resolution
Mediation can be an effective way for military families to resolve family law disputes amicably. Given the unique stresses of military life, many couples may find mediation to be a less adversarial approach compared to traditional litigation. Mediation can help maintain relationships and create flexible arrangements that account for the unpredictability of military service.
7. Keeping Communication Open
Maintaining clear and open lines of communication is essential for military families dealing with family law issues. With the demands of military life, ensuring that both parties are informed and involved can prevent unnecessary conflict and misunderstandings.
In conclusion, navigating family law in Colorado as a military family involves understanding both state laws and the specific nuances that military service entails. By being well-informed and utilizing available resources, military families can better manage their legal challenges effectively.