Best Military Divorce Lawyers in Henderson

About Military Divorce Law in Henderson, United States

This guide focuses on military divorce in Henderson, Nevada. Henderson is in Clark County and is subject to Nevada state law together with federal statutes that affect service members and their families. Military divorce combines civilian family law issues - divorce, child custody, support, property division - with rules and protections that apply to active duty and retired servicemembers and to Veterans. Because military benefits, deployment schedules, and federal protections can change how a case proceeds and what remedies are available, many military-connected spouses face issues that do not arise in civilian-only divorces.

This material is for informational purposes only and does not constitute legal advice. For decisions about a specific case consult an attorney admitted in Nevada or a military legal assistance office.

Why You May Need a Lawyer

Military divorces often involve complex legal and practical issues. You should consider hiring a lawyer if any of the following apply to you:

- Division of military retirement pay or other service-connected benefits is contested or unclear.

- Child custody, parenting time, or child support are disputed and could be complicated by relocation due to a permanent change of station - PCS.

- The service member is deployed, on active duty, or likely to be mobilized - SCRA protections and timing issues can be critical.

- One spouse has significant separate property or complex financial assets - pensions, VA benefits, business interests, stock options, or real estate.

- You need help understanding how TRICARE, commissary and exchange privileges, pay entitlements, or survivor benefit issues will be affected.

- Enforcement across state lines or enforcement against military pay is anticipated or necessary.

- You want to negotiate a settlement, a spousal support arrangement, or a property division and need professional representation in mediation or court.

- You prefer a lawyer who understands both Nevada law and federal statutes that specifically affect military families.

Local Laws Overview

Key local and federal legal points relevant to military divorce in Henderson, Nevada include:

- Nevada residency requirement - Nevada has a short residency requirement to file for divorce. Typically one spouse must establish residency before filing. Confirm current details with a local attorney or court clerk because procedural requirements and timelines can vary.

- Community property state - Nevada is a community property state. Generally this means marital property acquired during the marriage is divided equally between spouses at divorce, subject to exceptions for separate property acquired before marriage, by gift, or by inheritance.

- Division of military retirement pay - Federal law under the Uniformed Services Former Spouses' Protection Act - USFSPA - allows state courts to treat military retired pay as property subject to division. Courts can award a portion of retired pay to a former spouse, but federal procedures and forms are required if direct payment from the Defense Finance and Accounting Service - DFAS - is requested. There are specific rules about how much can be paid directly depending on the length of the marriage overlapping with military service, commonly called the 10-year overlap rule.

- Servicemembers Civil Relief Act - SCRA - protects active duty servicemembers from certain civil actions, allows stays or postponements of court proceedings if military service materially affects the ability to defend the action, and limits default judgments in some circumstances. Timely notice and proper procedures must be followed to invoke protections.

- Child custody jurisdiction - Nevada follows the Uniform Child Custody Jurisdiction and Enforcement Act - UCCJEA - for custody jurisdiction and enforcement. Jurisdictional rules determine which state has the authority to make or modify custody orders; the rules can affect military parents who move between states because of PCS.

- Child support and spousal support - Nevada statutes and guidelines govern child support calculations and spousal support awards. Military pay and allowances are treated according to Nevada law for support purposes, but federal benefits can affect calculations and enforcement possibilities.

- VA disability pay and other federal benefits - Generally VA disability compensation is not divisible as marital property under federal law, but courts may consider VA disability payments as income for support and reimbursement purposes. Handling of other federal benefits - such as veterans benefits or survivor programs - follows federal rules and may require specialized legal advice.

- Local court process - Family law cases in Henderson are handled by the Clark County Family Court. Procedural rules, forms, and timelines follow Nevada court rules and local practices. Working with counsel familiar with Clark County practices can reduce surprises.

Frequently Asked Questions

How long do I have to live in Nevada or Henderson before I can file for divorce?

Nevada has a relatively short residency requirement compared with many states. Typically one spouse must establish residency before filing. Exact residency timelines and proof requirements can change, so check with a Nevada family law attorney or the Clark County court for current rules and how residency is proved in practice.

Can a military pension be split in a Nevada divorce?

Yes. Under the Uniformed Services Former Spouses' Protection Act - USFSPA - Nevada courts may treat military retired pay as divisible property. A court order can allocate a portion of retirement pay to a former spouse, but federal processing through DFAS and compliance with paperwork is necessary for direct payments. Whether direct payment is available depends in part on how long the marriage overlapped with military service.

What is the 10-year rule for military pension payments?

The common 10-year overlap rule refers to the situation where a marriage overlapped with at least 10 years of the service member's military service. If that threshold is met and the court order complies with necessary federal requirements, the former spouse may qualify to receive their share of retirement pay directly from DFAS. The rules and documentation required can be technical, so a lawyer or military finance office can help.

Does the Servicemembers Civil Relief Act delay my divorce if my spouse is deployed?

SCRA can provide protections for active duty servicemembers, including stays of civil proceedings when military service materially affects the ability to participate. SCRA is not automatic; a court must determine whether a stay is warranted. Timely notice of military service and an appropriate request are required. If a stay is granted, the court can postpone proceedings for a reasonable time.

Will my children lose TRICARE or military benefits after divorce?

Children may remain eligible for TRICARE under certain conditions for a period after divorce, but eligibility rules are specific and depend on custody arrangements and whether the child is a qualifying dependent. It is important to address health care and benefits during settlement negotiations or in court orders and to confirm details with the military personnel office or TRICARE administrator.

Can VA disability pay be divided in a Nevada divorce?

VA disability compensation is generally considered a federal benefit intended for the disabled veteran and is not divisible as marital property under federal law. However, Nevada courts may consider VA disability payments when calculating child support, spousal support, or for other equitable reasons. Some spouses ask for offsets when retirement pay is divisible but disability pay is not. This is a specialized area where legal advice is important.

How do custody and moves for permanent change of station - PCS - work?

Military moves complicate custody and parenting time. The UCCJEA determines which state has jurisdiction to make custody decisions. When a parent receives PCS orders, courts may consider whether relocating is in the child’s best interests. Early legal advice helps parents negotiate parenting plans that address PCS contingencies, relocation clauses, and methods for preserving contact between children and the deployed parent.

Can a civilian spouse get direct payment of support or retirement from the military pay system?

Direct payments from military pay systems for spousal or child support and for a portion of retirement pay are possible under certain circumstances if court orders meet federal requirements. For retirement pay there is the 10-year overlap consideration. For support, enlistment of pay through levy or garnishment may be processed differently for military pay. Properly drafted orders and federal certification are essential.

Should I use military legal assistance or hire a civilian lawyer?

Military legal assistance offices provide free basic advice and some representation for active duty members, including explaining rights under SCRA and assisting with paperwork. Military legal assistance generally cannot represent the civilian spouse. Civilian attorneys experienced in military divorce may be necessary for full representation of a civilian spouse or when specialized issues - retirement division, VA benefits, complex custody disputes - are involved. Many people use both resources: military legal assistance for service-related questions and a civilian attorney for court representation.

What information and documents should I gather before I meet a lawyer?

Gather these common documents and information - marriage certificate, military records showing dates of service, retirement statements if applicable, pay stubs, tax returns for several years, bank and investment account statements, deeds and title documents for property, loan and mortgage statements, information about businesses, proof of residency, birth certificates for children, records of health care coverage, and any correspondence about temporary court orders. A clear timeline of the marriage and of military service is especially helpful for pension issues.

Additional Resources

Useful resources and organizations that can help people dealing with military divorce in Henderson include federal agencies, state and local court resources, military legal assistance, and nonprofit organizations. Consider contacting or researching:

- Clark County Family Court or the family law division in the Clark County court system for local procedural information and forms.

- Military legal assistance office at the nearest installation for active duty members seeking information about SCRA, benefits, and rights. Installations in Southern Nevada include facilities that support service members in the Las Vegas-Henderson area.

- Defense Finance and Accounting Service - DFAS - for questions about military retired pay processing and the requirements for direct payments to former spouses.

- Nevada Legal Services and local legal aid programs for low-income parties who qualify for assistance with family law matters.

- State Bar of Nevada lawyer referral service to find attorneys experienced in family law and military divorce.

- Military OneSource and military family support organizations for counseling and nonlegal resources to help with the transition.

- National and local veterans organizations and military family advocacy groups for information about VA benefits and support programs.

- American Bar Association - Military Pro Bono Project and other bar programs that provide referrals or pro bono help in military-related family law matters.

Next Steps

If you are facing a military divorce in Henderson, consider the following practical steps:

- Confirm residency and jurisdiction - verify that Nevada and Clark County are the correct places to file and understand any timing requirements.

- Gather documents - collect service records, financial documents, tax returns, pay statements, property records, and documentation about benefits and insurance.

- Get initial legal guidance - if you are active duty contact the nearest military legal assistance office for basic guidance about SCRA and benefits. If you are a civilian spouse or need representation in Nevada court, contact a civilian attorney experienced in military family law.

- Ask about temporary orders - seek temporary orders for custody, support, and protection of assets while the divorce is pending if needed.

- Consider alternatives - mediation or collaborative divorce can sometimes resolve disputes more quickly and with less cost than a contested trial, especially when both parties are cooperative.

- Protect benefits and health care - make decisions early about TRICARE, SBP considerations, life insurance, and how to handle credit and joint accounts during the process.

- Plan for PCS and custody - address relocation contingencies in any parenting plan or agreement and be prepared to use legal procedures that consider jurisdictional rules under UCCJEA.

- Stay informed about deadlines and filings - family court procedures have strict timelines and paperwork requirements. Missing deadlines can affect rights and remedies.

- Seek certified copies of final orders - ensure you have certified copies of final divorce decrees and any orders dividing military retired pay or providing for support. Properly framed orders are needed for DFAS and other agencies.

Facing a military divorce raises legal and practical questions that affect finances, benefits, parenting, and future stability. Early planning, accurate documentation, and experienced legal advice tailored to Nevada and military rules will help protect your rights and obtain the most appropriate outcome for your circumstances.