Servicemember’s Civil Relief Act - Opposing a Stay of Proceedings in Colorado Springs Divorce and Child Custody

Are you involved in a Colorado Springs divorce or child custody proceeding involving the Servicemember’s Civil Relief Act? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

In domestic relations cases, stays can result in discovery delays, unpaid child support and spousal maintenance, and parenting time and decision-making issues. However a stay can be opposed. In opposing a stay request, one area to examine is the nature of the “military necessity” that prevents a hearing. Not all military duty precludes appearance at hearings. For example, a combat deployment may well preclude participation and appearance, however a more standard rear detachment position located in the United States providing support to deployed SM’s may not. Specific questions may be asked about the exact nature of the necessity and the servicemember’s conditions and work schedule.

As an option, it is possible to communicate with the commanding officer at times to request accurate information about military duty requirements if such is not received from the SM. Additionally given that virtual hearings are routinely granted, the SM should not have to appear in court in person even if a court hearing is necessary in the case. This makes participation at hearings substantially easier. Further, sometimes matters can be resolved by the court on a review of the pleadings alone without a hearing. Counsel can specify in the pleadings the actual participation requirements and that virtual testimony can be requested. This makes the court requirements clear in the initial pleading or motion received by a SM. Another area to consider is “material effect” on duties. Is the servicemember a leader managing people? Alternatively, is the servicemember in a lower ranking position providing support?

It may be possible to stay only contested portions of the case if the parties have been able to reach agreement on some issues. There are times where the action has begun prior to deployment and the parties may have partially worked through the legal issues. Additionally If a matter is uncontested, there is no adverse impact on a servicemember in the absence of a stay. Of course, cases can rapidly evolve and parties can change positions. For practical purposes, domestic relations courts tend to be conservative surrounding stays and supporting military duty requirements and may not inquire deeply into the details if a stay request is made. This is because domestic relations matters involve important constitutional rights, such as the right to parent which is embodied in the right to privacy.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.