Colorado Springs, Colorado, Divorce Attorney

Dividing Marital Assets • Spousal Support • Military Divorce

In divorce, it's rare that you get everything you want. Litigation should be a last resort. The Law Office of Gary E. Lawyer helps negotiate mutually acceptable agreements that balance compromise and preservation of your interests.

I am a Colorado Springs divorce attorney representing men and women of El Paso County, as well as Army or Air Force personnel or their civilian spouses from nearby military bases. We welcome you to schedule a one-hour initial consultation to discuss your case.

Colorado Divorce

As a practicing divorce attorney since 1990 and a former family law magistrate, I have handled hundreds of divorce proceedings. No two cases are the same, so I sit down with clients to develop individualized solutions for division of property and debts, spousal support, child custody, and related issues.

• Dissolution of Marriage - I aim to bring divorcing couples to the negotiating table (or mediation) to work out a settlement. Fighting over assets is a drain on resources, and litigating over parenting time with children leaves scars on all involved. I will vigorously protect your interests while leveraging my 33 years of experience toward a comprehensive and fair agreement.
• Legal Separation - Many divorcing couples skip this step, but it can have important implications in military divorces. If you are ending a marriage to a member of the armed forces, you can lose your Medical ID card. However, while you are legally separated, you can stay on your spouse's military health coverage.
• Annulment - In Colorado, you can file for a Declaration of Invalidity of your marriage if the other party made fraudulent representations: this may include lying about their wealth or desire to have children, or concealing a criminal record or another spouse (bigamy or common law marriage). If annulled, assets are subject to equitable distribution.
• Property Settlements - Colorado divides marital property in an "equitable" manner, but not necessarily 50/50. I focus on determining what is marital property subject to division as opposed to separate property owned by the individuals. An inheritance, for example would not be divided if it was kept in one party's name, but might be split if it was commingled with other assets. Any assets that increase in value during the marriage (pensions, businesses, investments) are considered marital property. I ensure that all assets and debts are accurately valued. I also try to be creative so that both parties get something they want - such as offsetting home equity with a greater share of retirement funds so one spouse can stay in the home.
• Spousal Support - The court may award temporary maintenance retroactive to the day your spouse is served. Typically, spousal support (also called alimony or spousal maintenance) is granted only in longer marriages, and when one spouse has a substantially lesser earning potential or a disability. Support is usually awarded for about one-third the length of the marriage, but in marriages of 30-plus years, it can be permanent (until death or remarriage). I can give you a fair idea of whether alimony would apply in your case.

About Military Divorce

I am well educated in the rules applying to military dissolutions. Military personnel can obtain a divorce in Colorado for "irretrievable breakdown" of the marriage, but at least one party must be a Colorado resident. If you are simply stationed at a Colorado Springs Air Force or Army base and you or your spouse have not established residency, you would have to file in your home state. If you qualify to file, our firm can capably address the many unique issues in a military divorce, such as:

• Military retirement pay - In Colorado, the courts divide military retirement pay based upon the number of years of marriage compared to the number of years of active service.  The awarded is typically 50% of that fraction.  It is a good idea for the non-military spouse to not wave the Survivor's Benefit Plan. If he or she waived SBP benefits, they cannot get them back after divorce.
• Military income - Any extra pay (hazardous duty pay, combat pay, Basic Allowance for Housing) counts as gross income in the division of assets and determination of spousal support and child support.
• Medical ID - Your civilian spouse may or may not be eligible to stay on your military medical insurance, which can impact the terms of settlement.

Contact the Law Office of Gary E. Lawyer at (719) 635-7272 for direct contact with an experienced divorce and alimony lawyer.

Law Office of Gary E. Lawyer
104 S. Cascade Avenue, Suite 211
Colorado Springs, Colorado 80903
Phone: (719) 635-7272
Fax: (719) 633-4271

The Law Office of Gary E. Lawyer is a Colorado Springs, Colorado, family law practice serving the communities of El Paso County, including Black Forest, Calhan, Cheyenne, Falcon, Ellicott, Fountain, Manitou Springs, Peyton, Security, and Yoder. The firm also serves military personnel of Peterson Air Force Base, Fort Carson, Cheyenne Mountain Air Station, Schriever Air Force Base, and the US Air Force Academy.