Best Military Divorce Lawyers in Nevada

About Military Divorce Law in Nevada, United States

Military divorce in Nevada involves unique legal considerations that differ from civilian divorces. Because one or both spouses may be active duty service members, issues such as residency, service of process, division of military benefits, and child custody must be approached with both state and federal laws in mind. Nevada is a popular jurisdiction for divorce because of relatively short residency requirements and its status as a community property state. However, when military members are involved, additional federal protections and rules, such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA), significantly impact how the process unfolds.

Why You May Need a Lawyer

Military divorces involve complex intersections of state and federal law, potentially affecting service members and their spouses in several ways. You may need a lawyer if you are facing any of the following:

• One spouse is deployed, stationed overseas, or otherwise difficult to locate
• You need to divide military retirement or other benefits
• Concerns about the impact of military service on child custody or visitation
• You are unsure how to properly serve divorce papers to someone on active duty
• You want to ensure child or spousal support calculations are correct
• Your case involves relocation or change of station orders
• You face a delay due to active duty service under the SCRA
• There are disagreements regarding marital property acquired with military benefits

Because of these intricacies, many individuals benefit from legal guidance to protect their interests and ensure compliance with all applicable laws.

Local Laws Overview

Nevada is a community property state, meaning almost all assets and debts acquired during the marriage are divided equally unless otherwise agreed. For military divorces:

• Residency Requirement: One spouse must have resided in Nevada for at least six weeks before filing, or be stationed in Nevada as a service member.
• Service of Process: The SCRA allows active duty members to postpone or stay divorce proceedings while on duty, protecting against default judgments.
• Division of Military Pensions: Under the USFSPA, Nevada courts may treat a military pension as community property, but benefits can only be divided if the marriage overlapped military service by at least ten years.
• Child Custody: Nevada courts prioritize the best interest of the child, while also considering deployments and military obligations when establishing custody arrangements.
• Spousal and Child Support: Calculations often factor in basic pay, housing allowance, and other military compensation. Federal and state guidelines both play a role.

Federal statutes may impact Nevada court decisions in ways unique to military divorces, so understanding both legal frameworks is vital for any party involved.

Frequently Asked Questions

What makes military divorce different from civilian divorce in Nevada?

Military divorce is subject to additional federal laws such as the SCRA and the USFSPA, influencing issues like timing, division of military benefits, service requirements, and child custody, making the process more complex than typical civilian divorces.

Can I file for divorce in Nevada if my spouse is stationed elsewhere?

Yes, you can file if either you or your spouse meets the residency requirement or are stationed in Nevada. For service members, being stationed in Nevada may count as residency for divorce purposes.

How is my spouse served with divorce papers if they are deployed?

Special service of process rules apply. The SCRA may allow postponement of proceedings, and arrangements must be made to fulfill both Nevada and federal notice requirements.

How are military pensions divided in a Nevada divorce?

Nevada courts can divide military pensions as community property. Federal law allows direct payment to the ex spouse only if the marriage overlapped military service by ten years or more, but courts may still divide benefits regardless of overlap.

What factors affect child custody when a parent is in the military?

Courts consider the child's best interests. Military obligations, deployment, and relocations are taken into account when establishing or modifying custody and visitation plans.

Does deployment automatically change child support or custody orders?

No, deployment does not automatically alter existing orders. However, either party may petition the court for temporary modifications if circumstances change significantly due to deployment.

What financial information is needed for military divorce in Nevada?

You will need copies of military pay statements, Leave and Earnings Statements, housing allowances, and documentation of all income and assets to ensure accurate calculation of support and property division.

Are military benefits like Tricare or commissary privileges divided in divorce?

Certain benefits, such as Tricare and commissary privileges, may continue for eligible former spouses if the marriage and military service overlapped for at least 20 years. However, most benefits end with divorce unless specifically protected by federal law.

Can a service member delay a divorce during deployment?

Yes, under the SCRA, active duty service members can request a stay or postponement of divorce proceedings if their military responsibilities prevent them from participating in court.

Should I seek a Nevada lawyer with military divorce experience?

Given the complexity of military divorce cases and the intersection of state and federal law, it is strongly recommended to work with a Nevada attorney experienced in military divorce.

Additional Resources

• Nevada State Bar - Lawyer referral services and information about family law practitioners
• Nevada Legal Services - Provides free and low cost legal services
• Military OneSource - Support and advice for military families
• Nevada Department of Veterans Services - Resources for veterans and their families
• Legal Assistance Offices at Nevada military installations - Free legal counseling for service members

Next Steps

If you are involved in a military divorce in Nevada, consider these steps:

1. Consult a family law attorney who understands both state and federal military divorce statutes
2. Gather all financial documents, military benefits records, and deployment orders
3. Ensure proper service of legal papers according to both Nevada and federal regulations
4. Consider mediation or alternative dispute resolution if you and your spouse seek an amicable settlement
5. Use military support resources and legal assistance offices for additional help and documentation
6. Stay informed about deadlines and any rights to postponement under the SCRA

Seeking legal guidance ensures you understand your rights and obligations throughout the process, ultimately making the transition smoother for all parties involved.