Determining Jurisdiction Over Military Benefits in a Colorado Military Divorce

With so many complicating factors to consider, getting a Military Divorce In Colorado is confusing enough; but determining jurisdiction for the division of military divorce benefits can make it even more complicated.

The Uniformed Services Former Spouse Protection Act (USFSPA) was developed to allow the divorce courts within a state to divide up the “marital assets” share of military retirement pay as if it were community property. While the main provisions of this law are clearly understood by most couples, there is one provision that is often overlooked; Jurisdiction.

Jurisdiction in a Colorado military divorce requires that two prerequisites are met. One of these is personal jurisdiction. This can be established in Colorado if this is where the service member is stationed, where their spouse lives, or it is where the military member claims legal residency. The second part requires the state to establish authority over the matter in dispute, also known as “subject matter jurisdiction”.

Jurisdiction in Colorado may also be granted when the service member grants his or her consent to that court. However, this is where things can get a little tricky. If one party has figured out that is in their personal best interest for the case to be decided in a specific state (like Colorado), and all that is required for that state to have jurisdiction is for their spouse to accept the summons or contact that court, then the other party could be putting themselves at risk for financial loss.

This is why it is so important to contact a qualified and experienced Military Divorce before signing anything. The military divorce attorneys at Clawson & Clawson LLP will offer a free initial consultation for your Colorado military divorce.