Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

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About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • VA Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

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Military Updates

CRSC Article Added

Submitted by Carl O. Graham on Wed, 04/28/2010 - 16:07

See the new article on Combat-Related Special Compensation (CRSC), a program similar to CRDP in that they both help to offset the VA waiver.  The article explains what CRSC is, who is eligible, and the interplay between CRSC, military retirement, the VA waiver, and CRDP.

Disability Articles Added

Submitted by Carl O. Graham on Thu, 04/15/2010 - 15:31

Sadly, the wars in Iraq and Afghanistan are resulting in an increased emphasis on what happens with disabled servicemembers.  Two new articles have been added on this topic about servicemembers who may be entitled to disability or severance pay if not otherwise entitled to a normal military retirement::

  • Temporary / Permanent Disability Retired List (TDRL / PDRL), which applies to servicemembers who are unfit for duty and have at least a 30% disability rating, and
  • Disability Severance Pay, which applies to servicemembers who are unfit for duty but do not have at least a 30% rating.

 

Military Spouses Residency Relief Act

Submitted by Carl O. Graham on Thu, 04/15/2010 - 15:17

Last year, Congress enacted P.L. 111-97, the Military Spouses Residency Relief Act, which provides military spouses essentially identical rights as servicemembers on the issue of domicile.  What this means is that 50 U.S. Code App. §571 was amended so that for purposes of taxation, a military spouse with the same state of residence as the servicemember cannot be taxed by the state where they reside pursuant to military orders, and 50 U.S. Code App. §595 was amended so the military spouse does not lose his/her state of residence for voting purposes when moving with the servicemember pursuant to military orders.

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TDRL / PDRL Disability Pay Not Divisible

Submitted by Carl O. Graham on Thu, 04/15/2010 - 14:59

In 2009, the Colorado Court of Appeals ruled that pay received by a servicemember who was not fit for duty, and therefore receiving disability pay while on the Temporary Disability Retired List (TDRL) was NOT divisible marital property subject to division.  In re: Marriage of Williamson, 205 P.2d 538 (Colo. App. 2009).  Click here for details.

 

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Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login