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How will a military divorce affect a former spouse's benefits?

The decision to wed an active service member comes with many considerations. With that being said, a military divorce also differs from a civilian one. Colorado residents who are contemplating a divorce from a service member may have many questions about how to proceed.

While the military offers free legal services for a variety of issues, it has no jurisdiction in divorce. One will need the services of an attorney who is well-versed in military regulations and rules as well as state divorce laws. There are several regulations that may apply, and a knowledgeable attorney will be able to provide the best guidance throughout the proceedings.

In most military marriages, all parties are presented with identification cards in order to access base privileges as well as receive certain services. If a military member attempts to confiscate a spouse's ID card, he or she could face charges of larceny. In most situations, the cards are surrendered after a divorce unless certain conditions are met.

In the matter of base housing, once a family is granted permission to move into a dwelling, it must be occupied by the active duty member. Exceptions are permitted in the case of active duty deployments or other conditions relating to active-duty service.  A military member does not have the authority to evict anyone. Instead, the military may order the service member to relocate to the barracks while the remaining family members will generally have 30 days to find new housing.  

Many spouses may believe that a commanding officer has the ability to interfere in domestic matters relating to a military divorce. However, the military considers a divorce to be a matter for the state courts to address and may only get involved in certain situations. Colorado residents who are seeking a divorce and are concerned about how certain regulations will affect their case may wish to consult with an experienced family law attorney.

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