If you’re stationed at Fort Carson, Peterson Space Force Base, Schriever Space Force Base, or the U.S. Air Force Academy and facing divorce in El Paso County, you may be wondering:
Does the Servicemembers Civil Relief Act (SCRA) protect me?
The answer is yes — but only in specific ways.
The SCRA protects your right to fairly participate in your divorce. It does not stop the divorce from happening. Understanding that distinction is critical.
Divorce is stressful under any circumstances. When you are balancing military obligations, potential deployment, and family uncertainty, that stress can multiply quickly. Knowing your procedural rights under federal law can provide stability during an otherwise uncertain time.
1. The SCRA Can Require a Court to Pause Your Case
Under 50 U.S.C. § 3932, if your military duties materially affect your ability to appear in court, you may request a stay (temporary delay).
If you provide:
- A statement explaining how your duties prevent participation and when you will be available; and
- A statement from your commanding officer confirming that leave is not authorized,
the court must grant at least a 90-day stay.
Additional stays may be requested, though they are discretionary.
This applies in Colorado state courts because the SCRA is federal law governing civil proceedings nationwide.
Important: The stay is not automatic. You must formally request it.
2. The SCRA Protects Against Default Judgments
If you do not respond to a divorce petition while on active duty, special safeguards apply under 50 U.S.C. § 3931.
Before entering a default judgment:
- The filing party must submit an affidavit regarding your military status.
- If you are in military service, the court must appoint an attorney to represent you before proceeding.
If a default judgment is entered during service (or within 60 days after service ends), you may petition to reopen it by showing:
- Military service materially affected your ability to defend; and
- You have a meritorious defense.
These protections are especially significant in cases involving custody, division of military retirement, or support.
3. Deployment and Child Custody in Colorado
Deployment cannot be used against you as the sole reason to permanently change custody.
Under 50 U.S.C. § 3938:
- Courts may not enter a permanent custody modification based solely on deployment.
- Temporary custody orders based solely on deployment must expire when deployment ends.
Colorado law provides additional safeguards.
Under C.R.S. § 14-10-131.3, Colorado courts may not permanently modify parenting time or decision-making responsibility solely due to a parent’s military deployment.
For military families in Colorado Springs — where training rotations, TDYs, and deployments are common — these protections are especially important.
4. What the SCRA Does Not Do
The SCRA does not:
- Prevent your spouse from filing for divorce
- Automatically stop proceedings
- Eliminate child support obligations
- Override Colorado’s equitable division rules (C.R.S. § 14-10-113)
- Guarantee a particular outcome
Colorado courts will still apply state divorce law. The SCRA ensures procedural fairness — not immunity.
5. Why Military Divorce in Colorado Springs Requires Careful Planning
Military divorce often involves additional legal layers, including:
- Jurisdiction questions (Colorado residency vs. legal domicile)
- Division of military retired pay under federal and state law
- BAH and special pay considerations in support calculations
- Parenting plans structured around deployment cycles
- Interstate enforcement issues
- Military divorce cases often involve overlapping federal and state laws that require careful coordination and timing.
When federal protections intersect with Colorado family law, timing and strategy matter.
Missing deadlines or assuming the SCRA automatically protects you can create avoidable risks.
If You’ve Been Served Divorce Papers While Deployed
Take immediate steps:
- Review your response deadline under the Colorado Rules of Civil Procedure.
- Assess whether your duties materially affect your ability to participate.
- Determine whether a stay under 50 U.S.C. § 3932 is appropriate.
- Seek guidance before allowing a default or temporary orders to enter.
Proactive action protects your rights far more effectively than waiting.
Protect Your Rights While You Serve
If you are an active-duty service member or military spouse in Colorado Springs facing divorce, early clarity can protect:
- Your parenting rights
- Your financial interests
- Your military retirement
- Your future flexibility during service
The Servicemembers Civil Relief Act exists to ensure fairness, not to provide immunity from divorce proceedings.
Military divorce cases often involve additional complexities, including jurisdiction issues, military retirement division, BAH calculations, and deployment-related custody concerns. Understanding how federal protections intersect with Colorado family law is critical.
Early guidance can help ensure that procedural protections under federal law are properly invoked and that your rights are preserved from the outset.