Best Military Divorce Lawyers in Nebraska

About Military Divorce Law in Nebraska, United States

Military divorce in Nebraska involves unique legal considerations compared to civilian divorces, particularly due to the interplay between federal and Nebraska state law. These cases typically concern at least one spouse who is an active duty service member, in the reserves, or a military retiree. Issues such as jurisdiction, service of process, division of military pensions, and deployment often require special attention. While Nebraska divorce law is similar in many respects to general divorce law, special rules apply when a member of the armed forces or their spouse initiates a divorce. Understanding these differences is crucial for a fair and efficient resolution.

Why You May Need a Lawyer

People going through a military divorce in Nebraska may face challenges that are not common in typical divorces. Some common situations where legal help is important include:

• Navigating complex jurisdiction issues if the spouses live or are stationed in different states or countries.
• Understanding the division of military retirement and benefits, which have unique federal regulations.
• Calculating child support and alimony when income involves base pay, special pays, or allowances.
• Dealing with issues of deployment or relocation that affect child custody or visitation arrangements.
• Ensuring compliance with the federal Servicemembers Civil Relief Act (SCRA), which can delay divorce proceedings if one party is on active duty.

An attorney with experience in military divorce can protect your rights, guide you through paperwork, and help you avoid costly mistakes.

Local Laws Overview

There are several laws and regulations relevant to military divorce in Nebraska:

• Residency Requirements: Nebraska generally requires one spouse to have resided in the state for at least one year before filing for divorce, but exceptions exist for military members stationed in Nebraska.
• Jurisdiction Issues: Determining which court has authority (jurisdiction) can be complicated if a service member is stationed elsewhere. Nebraska courts have jurisdiction if the service member considers Nebraska their legal residence, even if they are deployed elsewhere.
• Division of Military Retirement: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows Nebraska courts to divide military retired pay as marital property. However, certain rules apply regarding how much of the military pension a non-military spouse can receive.
• Child Support and Alimony: Calculations are based on Nebraska law but should account for all forms of military pay, including allowances and bonuses.
• Servicemembers Civil Relief Act (SCRA): SCRA may provide a stay or delay of proceedings for a service member on active duty, preventing default judgments.
• Parenting and Deployment: Nebraska law includes considerations for custody and visitation that account for military deployments or relocations.

Frequently Asked Questions

How long do you have to live in Nebraska to file for military divorce?

Generally, either spouse must be a resident of Nebraska for at least one year to file for divorce. For service members stationed in Nebraska, being stationed at a military base in the state can also establish residency for divorce purposes.

Can deployment affect my divorce proceedings?

Yes, if you or your spouse are deployed, the Servicemembers Civil Relief Act provides protections against legal actions such as divorce. Courts may postpone proceedings until the service member can appear in court.

How is military retirement divided in Nebraska?

Military retirement benefits can be treated as marital property under Nebraska law. The court will divide the retired pay equitably, not necessarily equally, and federal rules under the USFSPA apply.

Do Nebraska courts consider military allowances when setting child support?

Yes, all sources of military income, including basic pay, housing allowance (BAH), subsistence allowance (BAS), and any bonuses or special pays are considered when calculating child support.

What if I live in another state but am stationed in Nebraska?

Military members can often file for divorce in Nebraska if they are stationed at a base in the state, regardless of their official home of record.

What happens to my Tricare or other military health benefits after divorce?

Tricare coverage generally ends upon divorce for the non-military spouse, but some former spouses may qualify for continued coverage under certain conditions outlined in federal law.

Are Nebraska courts familiar with federal military laws?

While Nebraska judges handle divorce cases regularly, military divorce cases are more complex. It is recommended to work with a lawyer familiar with both federal and Nebraska military divorce laws.

Can custody orders be modified if my deployment status changes?

Yes, Nebraska law allows modification of custody and visitation orders if deployment or a change of station substantially affects the parenting plan.

How does the division of property work if my spouse is in the military?

Nebraska is an "equitable distribution" state, so property, including military pensions or benefits earned during the marriage, is divided fairly though not always equally.

What should I do if I am served divorce papers while on active duty?

If you are served while on active duty, you have rights under the SCRA, including the ability to request a stay or delay of court proceedings until you are available. It is important to notify your command and contact a military or civilian attorney as soon as possible.

Additional Resources

• Nebraska Judicial Branch Self-Help Center - Provides forms and information on divorce procedures.
• Military Legal Assistance Offices - Offers confidential guidance to active duty members at Offutt Air Force Base and other installations.
• Nebraska State Bar Association - Can connect you with attorneys who specialize in military divorce and family law.
• Defense Finance and Accounting Service (DFAS) - For information about division and payment of military retirement.
• Servicemembers Civil Relief Act (SCRA) resources - For information on your legal rights and protections during active duty.

Next Steps

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

• Gather all relevant documents, including military pay records, LES (Leave and Earning Statements), marriage license, and any agreements.
• Consult with a Nebraska attorney who is experienced in military divorce cases. Look for someone familiar with both Nebraska law and federal military regulations.
• If you are on active duty, inform your command and visit your base Legal Assistance Office for initial guidance.
• Consider mediation or negotiation for issues like child custody and property division wherever possible, to expedite the process and reduce stress.
• Use the resources above for further education and support, and do not hesitate to ask questions to ensure your rights and interests are protected.

Legal processes can be stressful but seeking the right help early on will provide clarity and better results for your unique situation.