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Denver Military Family Law Attorney

Military Family Law Issues

The life of a service member seems always be changing, with relocations, reassignments, deployment overseas and the risks that come with combat. When service members are married with children, those issues are shared. Families can grow apart when tested by being apart, and some relationships simply can't survive the difficulties that come with military service. There are unique issues at play when a service member wants to get married and have children or when a service member faces a divorce.

Family issues such as divorce, child custody and paternity involving military personnel can present unique challenges, which require the guidance of a Denver military family law attorney. At Kaplan Law LLC, we have a thorough understanding of the issues that affect military families. Call us at (303) 458-5500 to find out how we can help you.

Military Divorce Laws

It is important to realize that military divorces, unlike civilian divorces, are not governed by state law. Congress has enacted several federal laws which govern members of the armed services involved in divorce. For example, troops that are in active duty who receive divorce papers from their spouses don't even have to look at them for 60 days. This allows them to fully focus on the job at hand.

The military also has its own system requiring service members to pay temporary support soon after a divorce is filed. Dividing property and other assets can be challenging, too. For example, military families divide pensions according to the Uniformed Services Former Spouses' Protection Act. This allows a former spouse to draw up to 50 percent of the service member's pension. The length of the marriage will also determine whether or not the ex-spouse can access your military benefits.

Uniqueness of Military Family Cases in Colorado

Here are a few family law issues that are unique to members of our military:

  • Marriage - Service members who are overseas may meet someone and fall in love. When a member of the military wants to marry a foreign national, the potential spouse will have to undergo a security background check and pass a medical examination.
  • Childcare - The Military Child Care Act provides family childcare homes, child development centers and school age child programs to all service members' children.
  • Birth of children born abroad can become U.S. citizens if their parents are citizens.
  • Child custody - Determining custody is particularly difficult for military families. Families often struggle to follow custody rules when the military is involved and custody orders are often needed when the two sides disagree.
  • Child support - It is possible to continue to make child support payments while in active duty overseas, but it takes a lot of planning.
  • Child visitation - Considering that service members can rarely control where they live or when they are deployed; it can be difficult to negotiate terms of child visitations. An attorney who understands these specific and unique issues is often needed to ensure that the service member can see their children when possible.

Contacting an Experienced Denver Lawyer

All marriage and divorces can be complicated, but there are many more factors to consider when one of the parties involved is a service member. If you are in the process of getting a divorce, determining custody or negotiating terms of visitation rights, make sure you have a family law attorney with you who will fight for your best interests. Contact Kaplan Law LLC at (303) 458-5500 to discuss your case.

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