Best Military Divorce Lawyers in Las Vegas

About Military Divorce Law in Las Vegas, United States

Military divorce in Las Vegas follows Nevada state law, but it also involves federal rules and military-specific protections. When one or both spouses are service members, the case can include special issues such as division of military retirement pay, protection under the Servicemembers Civil Relief Act, and questions about military benefits and deployment. Clark County - where Las Vegas is located - handles family law matters through the Eighth Judicial District Court, Family Division. Because military service affects jurisdiction, timing, evidence and enforcement, divorces involving military members often require extra preparation and an understanding of both state and federal rules.

Why You May Need a Lawyer

Military divorces raise several complex legal and practical questions that make hiring an attorney advisable in many situations. You may need a lawyer if any of the following apply:

- One spouse is on active duty, Reserve or National Guard and deployment or permanent change of station orders may affect court dates or service of process.

- Military retirement pay, survivor benefits, or VA disability pay are part of the financial picture.

- Child custody and visitation will be affected by a service member s duty schedule or potential deployments.

- There are allegations of domestic violence, or restraining orders are needed.

- You need to protect benefits such as health care or base privileges, or to understand eligibility for these benefits after divorce.

- Property division involves pensions, civilian retirement, stock options, or complex investment assets.

- You want to negotiate a settlement, draft enforceable orders for support and property division, or prepare a court order that will be honored by Defense Finance and Accounting Service if retirement pay is involved.

Local Laws Overview

Key Nevada and local rules that affect military divorce in Las Vegas include the following:

- Residency requirement - Nevada generally requires at least six weeks residency in the state by one spouse before a divorce can be filed. That rule applies to military families too, but residency and domicile can be complicated when a service member s official home state differs from their duty station.

- Community property - Nevada is a community property state. In general, property and debts acquired during the marriage are treated as community property and are subject to division. Separate property includes assets owned before marriage, inheritances, and gifts specifically given to one spouse, subject to proof.

- Child custody and child support - Nevada courts decide custody based on the best interest of the child. Child support is determined using Nevada support guidelines and factors such as income, parenting time, and special needs.

- Spousal support - Nevada courts may award spousal support based on factors including the duration of the marriage, earning capacity, age and health, and the standard of living during the marriage.

- Division of military retirement pay - Federal law allows state courts to treat military retired pay as marital property subject to division, but state-court orders must meet federal requirements for direct payment by the Defense Finance and Accounting Service. Eligibility for direct payments and certain benefits depends on how long the marriage overlapped with military service.

- Servicemembers Civil Relief Act (SCRA) - The SCRA protects active-duty service members from certain civil obligations and allows stays or delays of legal proceedings when military service materially affects the ability to participate. The court must consider and apply SCRA protections when a service member s active-duty status is at issue.

- Jurisdiction and venue - Family law cases involving military members still require proper jurisdiction and service. If a service member is stationed in Nevada, courts often have personal jurisdiction, but issues can arise when the service member s legal residence is in another state.

Frequently Asked Questions

What residency rules apply if a service member is stationed in Las Vegas but their home state is elsewhere?

Nevada s residency requirement typically means one spouse must live in the state for a set period before filing for divorce. A service member stationed in Las Vegas may be treated as a Nevada resident for filing purposes if they are physically present and intend Nevada as their legal residence or have other connections. Determining domicile can be complex and may require legal advice to avoid jurisdictional challenges.

How is military retirement pay divided in Nevada?

Military retirement pay can be treated as marital property under federal and state law and is subject to division by Nevada courts. The court will decide what portion of the retirement pay is marital property based on how much of the service occurred during the marriage. If a court order meets federal requirements, the Defense Finance and Accounting Service can make direct payments to the former spouse once the servicemember retires. Specific procedures and formulas are used to calculate the community portion.

Is VA disability compensation divisible in a Nevada divorce?

Generally, VA disability compensation is federal benefits paid to the veteran and is not divisible as marital property by state courts. However, disability income can be considered when determining child support or spousal support. Other related payments or military retirement that is reduced due to disability retirement have separate rules. A lawyer can help identify how disability affects your case.

What protections does the Servicemembers Civil Relief Act offer in a divorce?

The SCRA can protect active-duty service members by providing stays of proceedings if military service materially affects their ability to participate, protecting against default judgments when a service member cannot appear, and giving certain protections related to rental agreements and interest rates. Courts must consider SCRA protections when an active-duty status affects the case.

How do courts handle child custody when a parent is deployed?

Courts focus on the child s best interest. Deployment complicates custody and visitation planning, so courts may issue temporary orders that account for deployment, establish provisions for extended visitation, designate custodial arrangements while deployed, and set terms for return of custody. Mediation or negotiated parenting plans that address deployment can be very useful.

Can I get temporary orders for support, custody, or possession of the home?

Yes. Either spouse can ask the court for temporary orders to address custody, child support, spousal support, exclusive use of the marital home, or restraining orders while the divorce is pending. Temporary orders provide immediate relief and remain in place until the court issues final orders or the parties reach a settlement.

How do I serve divorce papers on a deployed service member?

Service of process must comply with Nevada rules and the SCRA. Serving a deployed member can require extra steps, such as using military channels, certified mail to duty station, or serving a military commander under SCRA procedures. Courts will consider service methods and may grant stays if service is not properly completed or if the member is on active duty.

What is the 20-20-20 rule and why does it matter?

The term 20-20-20 commonly refers to a rule used to determine benefits eligibility for former spouses - specifically whether a former spouse is entitled to certain direct payments and continued access to benefits when the length of the marriage overlapped with military service. If a marriage lasted a long time and substantially overlapped with the service member s career, a former spouse may have stronger claims to a portion of retirement pay and to some dependent benefits. Exact eligibility rules depend on federal and military benefit programs and must be reviewed case by case.

Who enforces payments awarded for military retired pay or support?

If a court issues an order that complies with federal requirements, the Defense Finance and Accounting Service can directly pay a portion of military retired pay to a former spouse. For child support and spousal support, state enforcement mechanisms apply, including wage garnishment, tax refund intercepts, and enforcement through Nevada s child support agency. If payments are not made, you can use state enforcement tools or request contempt proceedings in court.

Should I use base legal assistance or hire a civilian family law attorney in Las Vegas?

Base legal assistance offices provide valuable advice, help with forms, and information about federal protections, and they are a good resource for active-duty members. However, they typically do not represent clients in state courts or represent spouses who are not service members. For state divorce proceedings in Las Vegas, a civilian family law attorney with military divorce experience can provide representation, prepare court-ready documents, negotiate settlements, and handle enforcement matters.

Additional Resources

Consider contacting or researching the following organizations and agencies for help and information related to military divorce in Las Vegas:

- Eighth Judicial District Court - Family Division in Clark County for local court procedures and filings.

- Nevada State Bar for referrals to family law attorneys experienced with military matters.

- Defense Finance and Accounting Service for information about military retired pay and procedures for direct payments to former spouses.

- Judge Advocate General s Corps legal assistance offices at local military installations for advice to service members about SCRA and military-specific issues.

- Nevada Child Support Enforcement Program for help establishing and enforcing child support orders.

- Military OneSource and other military family support programs for counseling, information and nonlegal resources.

- Local legal aid organizations and family law clinics for low-fee or no-fee assistance when you have limited funds.

Next Steps

If you are facing a military divorce in Las Vegas, consider the following practical next steps:

- Gather documents: marriage certificate, birth certificates for children, recent leave and earnings statements (LES), retirement records or retirement points statements, tax returns, bank and investment statements, mortgage and loan documents, and any military orders.

- Get legal advice: consult a Nevada family law attorney who understands military issues. If you are active duty, also schedule an appointment with your base legal assistance office to learn about SCRA and other protections.

- Consider temporary relief: if you need immediate child support, custody arrangements, or protection from abuse, ask your attorney about filing for temporary orders right away.

- Understand benefit impacts: discuss how divorce may affect health care, base access, military ID eligibility, survivor benefits and retirement pay. Make plans to protect health coverage and other needs for children.

- Plan service and timing: work with counsel to ensure proper service of process that complies with Nevada rules and the SCRA. Be mindful of deployments and orders that can affect court deadlines.

- Prepare for negotiation or trial: collect financial information, document parenting arrangements, and be ready to propose reasonable settlement terms that address retirement pay division, support, and custody.

- Follow up on enforcement: if an order divides retirement pay or requires payments, make sure required documentation is submitted to the appropriate agency for enforcement and payment processing.

Military divorce can involve both state and federal rules. Early preparation and the right legal help will improve your ability to protect your rights and resolve issues efficiently.