Military Divorce Attorney in Denver

Military Benefits & Property in a Colorado Divorce

The division of military compensation is one of the more technically involved aspects of many military divorces. Military retired pay is not automatically divided when a marriage ends. A Colorado court must issue a final order awarding a portion of that pay as property before any division occurs. The Uniformed Services Former Spouses’ Protection Act (USFSPA) provides the framework that allows state courts to divide qualifying military retired pay and permits federal enforcement of those orders through the Defense Finance and Accounting Service (DFAS).

Direct payment of retired pay through DFAS carries its own requirements. The often-referenced “10/10 rule” means that ten years of marriage must overlap with ten years of creditable military service for DFAS to make direct payments to a former spouse. That threshold affects the payment mechanism only. It doesn’t determine whether a court can award the benefit, how much a former spouse receives, or whether the benefit is considered marital property. Military pay, allowances, disability compensation, and post-service income can each raise different questions when calculating support or valuing marital resources, and we help clients work through those distinctions carefully.

We also understand that many military families own homes, vehicles, and other property in different states or countries due to frequent moves. We help you think through the practical and legal implications of where to file, how to value property located outside Colorado, and how to coordinate case timing around upcoming deployments or relocations.

Personalized Guidance Backed by a Decade of Legal Experience

Access to legal guidance can be challenging when one spouse is stationed out of state or overseas. We use secure communication tools, flexible scheduling, and clear written updates to help you stay informed and engaged, even when separated by distance or time zones. Whether your case is filed in a Denver-area court or another Colorado jurisdiction, we provide updates and communication support throughout the process.

Reasons clients choose our firm:

• Diverse Legal Experience: Attorney Joe VanLandingham combines his background in business law and civil litigation to bring a practical perspective to family law cases.
• Personalized Representation: We take the time to understand your story and tailor our representation to your needs and goals.
• A Decade of Experience: Ten years of legal experience inform our work on complex family law cases.

How We Handle the Military Divorce Process

Our process begins with a consultation to understand your specific situation. Denver District Court handles domestic-relations cases, including dissolution of marriage and allocation of parental responsibilities. We guide clients through each phase, whether their case is filed there or in another Colorado jurisdiction.

We guide you through the key steps of a military divorce so you know what to expect at each stage:

• Filing proceedings: We help you evaluate Colorado’s residency requirements, jurisdiction questions, and timing considerations before you file.
• Division of assets: We address military retired pay, property across multiple states, and the distinction between court-awarded benefits and direct DFAS enforcement.
• Child custody and support: We help develop parenting plans that address deployment, relocation, communication, transportation, and changes in parenting time under Colorado law.

The Servicemembers Civil Relief Act (SCRA) can permit a qualifying servicemember to request a stay of at least 90 days when military duties materially affect the ability to appear in a civil proceeding, including certain custody cases. A stay isn’t automatic and depends on the statutory requirements and the servicemember’s specific circumstances. Our team manages communications and documentation connected to the legal process, coordinating carefully so you can focus on your family while we handle the procedural details.

Planning for Life After a Military Divorce

We help you look beyond the immediate decisions about custody, support, and property to understand how your divorce decree may affect your long-term finances, housing options, co-parenting routines, future support obligations, and benefit administration.

Many military families must consider how changes in income, benefits, and living arrangements will affect their budgets and day-to-day lives. We discuss how support orders, allocation of debts, and possible moves may influence your ability to maintain housing, access schools, and remain connected to your support network. When appropriate, we encourage clients to coordinate with financial professionals or counselors so they can build a realistic plan that aligns with the terms of their Colorado court orders and the practical realities of their military or post-military careers.