If you have no way of locating your spouse, it is important that you let the court know. Your county clerk can give you other options so you can move forward with the divorce.
Divorce in Colorado
If you click "Unsubscribe" your email address will be removed from our database and we won't be able to get in touch with you by email when you may need it. Are you sure you want to unsubscribe? Please note that although you are currently not in agreement with your spouse regarding the divorce, you will need to agree before you get your divorce paperwork.
Our guided process is designed to walk you through all the important issues in a divorce so that you can come to terms. To begin the process to complete your official forms online, please press the "Continue" button below. Please click here if you are not redirected within a few seconds.
The Procedures During a Divorce in Colorado
Divorce in Colorado For many people, the decision to get a divorce usually comes after much deliberation and stress. How to File Divorce Papers in Colorado Now that you have completed all of your Colorado divorce paperwork, you are ready to submit it to your local county clerk in your specific district. How To Serve Divorce Papers In Colorado If you did not file for divorce jointly with your spouse, you will need to serve him or her the divorce paperwork.
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There are several ways to do this, including: Waiver And Acceptance Of Service Form — Your spouse can accept your divorce documents and give you this form, which he or she must sign in front of a notary. Private Process Server — This option costs more, but is often faster than waiting on the sheriff.
Friend Or Relative — You can have someone you know who is over 18 serve your spouse. Make sure this person has nothing to do with the divorce. Do you qualify for an online divorce? Is your spouse in agreement regarding this divorce and willing to sign the divorce papers with you? Do you and your spouse have any children under the age of 18 from this marriage? Telephone number:. When to call you back?
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Your request has been successfully submitted. We will call you back as you requested. In the meantime, if you are wondering why use CompleteCase. Stay subscribed Unsubscribe. You are Qualified. In , the National Defense Authorization Act Section changed the way military retirement pay can be divided.
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This means that future promotions or service extensions that may increase the pension amount will no longer be considered when dividing the pension. This rule does not mean that couples that are divorcing prior to the year mark do not have to or cannot split the military pension. It only means that after 10 years the retirement will be cut automatically by the DFAS, and the former spouse will be paid directly rather than their spouse writing them a check. A recent Supreme Court ruling regarding the distribution of military retirement and elected disability payments from the Veterans Administration has added another difficulty to navigate regarding the division.
Modern Law Family lawyers are continually researching new rulings so nothing will be a surprise to them or their clients. The Act allows military members to postpone or suspend certain civil obligations while deployed so they may devote their full attention to duties without causing extra stress for their family members back home.
The civil obligations that a service member is able to postpone due to the SCRA include paying outstanding credit card debt, mortgage payments, pending court trials, paying taxes, and the termination of a lease. VA disability payments are also included as income for the purpose of determining the obligation. Disability payments may not be divided as a marital asset, but since they are intended to provide support for both the military member and their family, the VA payments may be defined as income for a child and spousal maintenance purposes.
If the decrease is significant, the military member may ask that their child and spousal maintenance obligations be re-evaluated to coincide with their new decreased income. If a divorced service member fails to pay spousal maintenance, there are certain procedures in effect to ensure that the former spouse receives the proper support. In addition, all branches of the military have regulations requiring their members to support family members after separation in the absence of an official court order to do so.
However, this is a temporary fix and does not replace a formal court order mandating child or spousal maintenance payments. Colorado does not favor either the mother or a father more in determining who will receive the primary parental custody after a divorce. However, a civilian mother is often the person who takes on the primary caregiver role in military families, since almost 85 percent of armed service members are male.
This means that a military member can be deemed the primary parent when they provide the best care for the child.
Colorado Divorce FAQ – Divorce
The military member needs a clear plan for the care of the child in the context of a busy military lifestyle. For the service member in this situation, their parenting time would most likely be allocated during summer and other school breaks. A common post-decree custody issue that occurs is when a service member may be deploying. The service member needs to consider who they would like to provide care for their children if deployed, and the non-servicemember spouse needs to similarly consider who will care for the children should the other parent deploy.
Non-military families do not need to consider these areas.
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When two active duty military members with children make the decision to divorce, allocating parental responsibility becomes slightly more difficult. In a contested case, the court will have to determine which military parent can best serve the interests of the child. If both parties wish to be the primary parent, the court may appoint a CFI or PRE to evaluate the situation and recommend a solution for a parenting plan. If this happens, both parents can work together to handle deployments and other factors of military life that may prohibit one parent or another from taking on full parenting responsibilities at certain times.
At that age, it reduces to 35 percent due to eligibility for Social Security payments. In divorce cases, a divorced spouse is eligible for coverage by the SBP as a potential beneficiary. This can quickly become a highly contested issue. Going through a divorce is tough, especially with all of the stresses of military life.