Servicemember’s Civil Relief Act (SCRA) Protections Related To Residence and Domicile 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.

Jurisdiction must exist for a court to decide a dissolution of marriage action, and for a person to request relief from a court. Where the parents and children reside and how long they have been there is relevant to a jurisdictional analysis. Jurisdiction over military personnel has unique aspects because military members routinely relocate due to military service; however, their state of residence does not automatically change when they do. Servicemembers (SM’s) are protected under the SCRA for retention of residence and domicile. They do not lose their state residence or domicile solely by virtue of being stationed in a state on federal military orders.

The SCRA provides that a servicemember shall neither lose nor acquire a residence or domicile with respect to the person, personal property, or income of the servicemember by reason of being absent or present in any tax jurisdiction of the United States solely in compliance with military orders. This is relevant for jurisdictional determinations as Colorado evaluates a number of factors with regards to whether a SM is domiciled in Colorado for eligibility to file for dissolution of marriage. SMs can not petition the court by virtue of being simply stationed in the stationed in the state if they are not domiciled here. Being stationed in the state does not automatically create residence or domicile.

Colorado has specific jurisdictional requirements for filing a dissolution of marriage case. At least one parent must be domiciled in Colorado to file an action for dissolution. Various factors are considered in determining residency and domicile for military personnel, such as voter registration, driver’s license, vehicle registration, property ownership, where a SM pays taxes, the state declared for tax purposes with the military on the SM’s pay statement, and professional license registrations.

Military spouses have similar protections under the Military Spouse Residency Relief Act (MSRRA). 50 USCS § 4001. This federal statute provides significant protections to military spouses concerning their residence or domicile, particularly in the context of taxation and related matters. Id. A military spouse does not lose or acquire a residence or domicile solely by being present in or absent from a jurisdiction based on the SM’s military orders. Thus the spouse's legal residence is their original domicile unless they affirmatively change it. Id. Additionally, the MSRRA allows a military spouse to elect to use the same residence or domicile as the servicemember. Id. and 50 USCS § 4027. Colorado law reflects these federal protections in C.R.S. 42-3-104.

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 findhere. 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.