Divorce In The Military - Collateral Damage of War
By Gordon N. Shayne, Senior Partner
The Law Firm of Shayne & Gasper, LLC.
Colorado Springs is home to some of the Nations proudest and top military facilities. Perhaps the most publicized facility in recent times is the "Mountain Post" at Fort Carson. This base has been serving our country since 1942 and has become one of the premier training facilities for the United States Army. Many of our troops are serving their 2nd and 3rd tours of duty in Iraq from their base here in Colorado Springs. The Law Firm of Shayne & Gasper is proud of the men and women who serve our country, and especially those stationed here at Fort Carson and Peterson Air Force Base.
Here in Colorado Springs, the unfortunate reality and "collateral damage" of serving our country bring on stresses and strains result in a high number of Domestic Relations issues, i.e., divorce and separation. In many Divorce or Legal Separation cases, one or both of the parties are employed and on either active duty or reserve duty, in the United States Army, Air Force, Marines, or Navy. Many more involve cases where one or both of the parties are retired military service members. When a military service member wishes to obtain a divorce or legal separation, there is nothing that can be filed with the military courts. Instead, when they file they must do so pursuant to Colorado law, in the filing of a petition in the District Court. Very simply, military members and ex-military members are governed by the same civil proceedings as civilians.
In my practice of law and with over 28 years experience in the area of Domestic Relations, I can truly say that some of the saddest cases I've dealt with have to do with military personnel returning from a lengthy tour only to find that their family has been destroyed by the strains of the soldier being away. There are times when a soldier returns and the experiences he or she has had in Iraq or Afghanistan or other foreign war regions are so impacting to his or her mental state that the family simply cannot deal with the returning spouse. Certainly we need to focus on the needs of those families that are faced with Post Traumatic Distress Disorders (PTSD) that present a real issue for our returning troops.
Nonetheless, we try to be sensitive to the issues that seem to cause a higher number of military divorces and in handling those cases, we strive to understand the extraordinary service that our military personnel provide our nation; both the soldiers and their families.
