Deployments, custody across state lines, dividing pensions-military divorce is complex. At Jones Law Firm, we fight for service members and their families with strength and compassion. For over 25 years, we’ve protected the rights, futures, and families of those who protect our country.
Legal services
Family law isn’t just about legal proceedings-it’s about peace of mind. Our attorneys handle high-stakes family law cases with precision and care
Military Custody & Parenting Time
Navigating custody with deployments or relocations can be overwhelming. We fight for fair, child-centered solutions that respect your service obligations.
Spousal Maintenance (Alimony)
We help ensure fair support that considers the realities of military service, deployments, and income fluctuations.
Property & Asset Division
From marital homes to investment accounts, we help you secure your rightful share while avoiding costly mistakes.
Prenuptial & Postnuptial Agreements
Protect your financial with agreements that anticipate military benefits, pensions, and relocation complexities.
Division of Pensions & Assets
From retirement benefits to shared property, our firm ensures your financial future is protected while dividing military and civilian
assets.
Protecting Your Family. Preserving Your Future.
At Jones Law Firm, we specialize in divorce and family law in Colorado and are here to provide the trusted legal support you need during this difficult time.
Why jones law firm?
At Jones Law Firm, we’re here to help you navigate challenging times with confidence and clarity. Contact us today to schedule your consultation and take the first step toward resolution.
Compassionate Advocacy Divorcing clients need a fighter who protects family bonds. Empathy is your most powerful differentiator.- Hand-Selected Legal Team Clients aren’t just cases; they receive personalized attention. An attorney and paralegal are matched to their needs.
- Responsive Communication Policy Divorce anxiety spikes when clients feel ignored. Prompt one-business-day responses build strong trust.
- Tailored Solutions for Every Case Every divorce is unique; your team crafts tailored strategies. This sets you apart from cookie-cutter firms.
- Brain Trust Case StrategyClients gain a collaborative legal team, not just one lawyer. This builds confidence in expertise and strategy.
- Smart Client ToolsTechnology shows professionalism but rarely wins clients. Portals and notifications are helpful, not decisive.
Compassionate Advocacy Divorcing clients need a fighter who protects family bonds. Empathy is your most powerful differentiator.
Hand-Selected Legal Team Clients aren’t just cases; they receive personalized attention. An attorney and paralegal are matched to their needs.
Responsive Communication Policy Divorce anxiety spikes when clients feel ignored. Prompt one-business-day responses build strong trust.
Brain Trust Case StrategyClients gain a collaborative legal team, not just one lawyer. This builds confidence in expertise and strategy.
Smart Client ToolsTechnology shows professionalism but rarely wins clients. Portals and notifications are helpful, not decisive.Military Divorce Q&A
The fundamental principles of military divorce are governed by federal laws like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA), so they apply nationwide. However, each state, including Colorado, has its own specific laws and procedures that work in conjunction with these federal regulations.
Where do you file for a military divorce?
In Colorado, at least one of the spouses must have been “domiciled” in the state for at least 91 days before the divorce is filed. For a service member, this is usually proven by their legal residency (their “home of record”) on their Leave and Earnings Statement (LES) and other documentation like a Colorado driver’s license. If the service member is only in Colorado because of military orders, and has not taken other steps to establish residency, the court may not have jurisdiction over them.
Can a service member delay divorce proceedings?
Yes. Colorado courts fully recognize the SCRA. A service member who is on active duty and cannot attend court proceedings can request a temporary stay (postponement) of the case. The court can grant a stay for at least 90 days. If the service member is deployed, they are protected from having a default judgment entered against them.
How is military retirement pay divided?
Colorado law treats military retirement pay as marital property, subject to equitable distribution. The state’s courts have a specific formula for calculating the marital portion of the pension. If the service member is already retired, Colorado uses a “coverture” or Hunt/Gallo formula, which calculates the marital share based on the number of months the marriage and military service overlapped, divided by the total months of military service at retirement. This percentage is then applied to the service member’s disposable retired pay.
What is the “10/10 rule”?
The 10/10 rule is a federal standard under the USFSPA, and it’s recognized in Colorado. Its purpose is to determine who makes the pension payments, not if the pension is divisible. If the marriage and military service overlapped for at least 10 years, the former spouse can receive their share of the retired pay directly from the Defense Finance and Accounting Service (DFAS). If not, the service member is responsible for making the payments.
What is the “20/20/20 rule”?
This is also a federal standard under the USFSPA. Colorado courts apply this rule to determine a former spouse’s eligibility for continued military benefits like TRICARE and commissary access. The former spouse must meet all three criteria: 20 years of marriage, 20 years of military service, and a 20-year overlap of the two.
Are VA disability benefits divisible in a divorce?
No. Just like in other states, Colorado law cannot treat VA disability benefits as marital property. They cannot be divided as part of the asset division. However, Colorado courts can and do consider VA disability payments as part of a service member’s income for the purpose of calculating child and spousal support.
How are child custody arrangements handled?
Colorado has adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA). This law is specifically designed to protect a service member’s parental rights during a deployment. It ensures that a deployment cannot be used as the sole reason to change a custody order permanently. Instead, it allows for a temporary, interim parenting plan to be put in place while the parent is deployed. The law also requires the deploying parent to notify the other parent of an upcoming deployment and provides a framework for creating a temporary parenting plan.
How is child and spousal support calculated?
Colorado courts follow the state’s child support guidelines, but they include non-taxable military allowances, such as the Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), when calculating a service member’s income. This can significantly increase the total income used for the calculation, which can result in higher support payments. VA disability benefits are also included as income for this purpose.
Can a service member’s former spouse keep military ID and benefits after divorce?
This is determined by the federal 20/20/20 rule and has no Colorado-specific variations. If the former spouse does not meet the criteria, they lose their military ID and access to most military benefits after the divorce is final. However, they may be eligible to purchase a one-year health plan through the Continued Health Care Benefit Program (CHCBP).
Do I need a lawyer with military divorce experience?
Given the complex interplay of federal laws (SCRA, USFSPA, UDPCVA) and specific Colorado state laws regarding jurisdiction, property division, and child custody, hiring a lawyer with experience in military divorces is highly advisable. They can ensure your rights are protected and that the final divorce decree is properly formatted to be honored by DFAS and other federal agencies.
