PRACTICE AREAS
Family Law
Criminal Defense
ASSOCIATIONS
Military Divorce Issues In Nevada
Navigating a military divorce in Nevada is not like a typical divorce proceeding. While many aspects of a divorce, such as the division of property, child custody, and spousal support, remain the same, the unique circumstances surrounding military service introduce several complications. Understanding these issues and how Nevada laws intersect with military regulations is crucial for service members and their spouses. Issues such as separation, jurisdiction, and whether the service member is stationed in Las Vegas or another location can significantly impact the divorce process. Whether you are a military member or dealing with a divorce involving one, it’s essential to understand how these factors affect your case, especially if you need to handle proceedings via phone. This blog post explores the key issues in military divorce, offering insight into the process and how to navigate the complexities with the help of an experienced military divorce attorney.
Understanding Military Divorce in Nevada
Military divorces differ from civilian divorces in several key ways. The primary difference stems from the nature of military service: deployment, frequent relocations, and extended absences can significantly impact the family dynamic. As a result, both spouses must understand their rights and responsibilities and how Nevada law treats military service members and their spouses in divorce proceedings. One crucial factor to consider is how the division of assets, such as military pensions, is handled. This will determine the portion of benefits each spouse is entitled to. How assets and support are divided may vary depending on the case’s specifics, and attorneys play a crucial role in guiding their clients through these complexities. Military divorces also involve specific rules that apply, and ensuring the divorce papers reflect these details is vital for a fair resolution.
Military Divorce and Nevada State Law
In Nevada, as in other states, a military divorce typically follows the same basic procedure as any divorce. However, certain aspects of the divorce process must consider the service member’s unique status. One of the most important differences is that military service members have specific protections under federal law. The Servicemembers Civil Relief Act (SCRA) is one such protection, ensuring that active-duty military members are not unfairly penalized in legal matters, including divorce while serving. The SCRA allows for the delay of divorce proceedings if the service member is deployed or unable to attend. Another important consideration is how the community property rule applies in military divorces. As a community property state, Nevada divides assets and debts on a 50/50 basis unless otherwise agreed upon or determined by the court. In any action regarding the division of assets, it is essential to understand how this rule applies to military benefits and other service-related assets, as these are key matters to address during the divorce process.
Nevada also has its family law provisions governing military divorce. Service members and their spouses must meet Nevada’s residency requirements to file for divorce. At least one party in the marriage must have lived in Nevada for at least six weeks before filing. However, if the service member is stationed in Nevada, they are considered a resident for divorce, even temporarily stationed there. The court has authority over the divorce proceedings, and the age and amount of assets owned by each spouse may also influence the final decision regarding property division and spousal support. Understanding these specific provisions is essential in any matter related to residency and divorce filings.
The Division of Military Assets
One of the most complex issues in any divorce is the division of assets. In a military divorce, however, the stakes are even higher due to the inclusion of military-specific benefits and assets. These include military pensions, benefits, retirement pay, and other forms of compensation that are not typically part of a civilian divorce settlement. State courts will consider the unique nature of these assets when making decisions. Dependents may also be a factor in the division of assets, and an affidavit may be required to outline the details of these assets. If the service member is stationed elsewhere, the judge may consider this when determining the division of these benefits.
Military Pensions and Retirement Pay
The division of military pensions is one of the most contentious issues in military divorce cases. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows for dividing a military pension in a divorce. Under this federal law, a service member’s pension can be divided as marital property, depending on the length of the marriage and the duration of the service member’s military service. A firm understanding of this law is crucial to ensure that both parties receive their fair share. Nevada follows the “marital property” approach, meaning that any pension earned during the marriage is subject to division, even if the spouse did not contribute directly to the service member’s career. This is the right way to approach the division of assets in such an event. Military pensions are treated differently from civilians, and failure to properly account for this in divorce papers may result in significant damages.
The court typically divides the pension based on the duration of the marriage and the number of years of military service. For instance, if the service member was in the military for 10 years and the marriage lasted 10 years, the spouse could be entitled to 50% of the pension. The longer the marriage lasts relative to the service member’s career, the larger the share of the pension may be awarded to the non-service member’s spouse. This message underscores the importance of considering the length of marriage and military service when determining the division of assets.
Pensions may be paid directly to the ex-spouse through a process known as a direct payment or by the service member directly to the spouse, depending on the specific terms of the divorce decree. The military offers a Military Retirement Pay Division Order (also known as a Military Pension Division Order), which provides instructions on how the military pension is divided between the parties.
Health Care Benefits
In addition to retirement pay, the military spouse’s health care benefits are another vital consideration. Typically, the spouse of a service member is eligible for health care coverage through the TRICARE system. However, if the couple divorces, the spouse may lose their eligibility for these benefits unless certain conditions are met. If the marriage lasted for 20 years, and the service member had 20 years of service, the spouse can continue to receive health care benefits after the divorce.
For marriages lasting less than 20 years, the spouse may still be eligible for TRICARE benefits for up to one year following the divorce, but they will need to find other sources of health care coverage after that. It’s essential to consult with a military divorce lawyer who understands the intricacies of TRICARE and other healthcare options for military spouses. Use this notice as an example of the facts that could affect eligibility for continued health care coverage, and seek guidance from a legal expert, particularly in areas like Las Vegas, NV 89101, where local rules may influence the outcome of such matters.
Other Benefits and Property Division
In addition to pensions and healthcare, military divorcees may also need to deal with other military-related benefits, such as access to the commissary (for discounted groceries), military exchange privileges, and housing allowances. The division of these benefits in a divorce may depend on whether the spouse remains in the military or is entitled to continue receiving some of these benefits as part of the divorce settlement. For example, base housing and housing allowances may be considered in divorce proceedings, and a lot depends on the specific situations of each case, including whether the service member is stationed in another country.
It is also essential to remember that all other marital property, such as homes, vehicles, and savings, must be divided by Nevada state law. Whether the couple resides on a military base or in civilian housing, any shared property must be divided fairly. A Nevada family law attorney experienced in military divorces will ensure both spouses receive their fair share of marital assets.
Child Custody and Support in Military Divorces
Child custody and support issues are also particularly sensitive in military divorces. The nature of military service often requires service members to be stationed in different locations, which can impact child custody arrangements. Deployed service members, in particular, may be separated from their children for extended periods, complicating visitation and custody agreements. Mobilization can make adhering to regular visitation schedules challenging, creating further complications in child custody disputes. Military families need to consult with experienced child custody lawyers who can guide them in choosing the best custody option, given the unique circumstances of military service.
Custody Arrangements
The courts in Nevada prioritize the child’s best interests when determining custody arrangements. However, the military’s deployment schedule can complicate this process. If one parent is in the military, the court may need to consider a deployment plan, which outlines how the non-deployed parent will assume primary custody during the service member’s absence. This is a critical issue, as it can have long-lasting effects on the relationship between the service member and the child. The percentage of custody each parent will have, as well as financial assistance for child care, will be based on a range of factors, including the ability of each person to provide for the child and the financial support available to them.
Military members can consider creating a family care plan to protect their custody rights. This plan outlines the arrangements for the child’s care during the service member’s deployment or assignment. While the family care plan is not legally binding in divorce proceedings, it helps the court understand the situation and can influence custody decisions.
Child Support
The service member’s military income can also complicate the issue of child support. Military pay includes various allowances that may not be immediately apparent, such as housing allowances, bonuses, and combat pay. A child support attorney will help determine how all sources of income should be considered when calculating child support, considering the complexity of military pay and ensuring that money from all forms of income, including allowances and bonuses, is included. The lawyer can assist with ensuring accurate payments and may also guide the appointment of a payment schedule.
Spousal Support and Alimony in Military Divorces
Alimony, or spousal support, is another critical consideration in military divorce cases. Whether a spouse is entitled to alimony depends on several factors, including the length of the marriage, the spouse’s financial situation, and the duration of the service member’s military service.
For military spouses, alimony may be influenced by the service member’s retirement benefits, as these benefits can often be counted as part of the spouse’s financial support. The court may also factor in the economic impact of a military spouse’s career, particularly if they have sacrificed career opportunities due to their military spouse’s frequent relocations or deployments. In Clark County or Henderson, Nevada, a potential form of alimony may be considered, depending on the specific circumstances of the divorce and the parties involved.
The Role of a Military Divorce Attorney
Handling the complexities of military divorce in Nevada requires a knowledgeable and experienced attorney. A military divorce lawyer can guide you through every aspect of the process, from filing the initial paperwork to negotiating the division of assets, custody arrangements, and spousal support. In cases where disability, trial, or other complex matters arise, the attorney can provide the necessary expertise. They can also assist in negotiating the method of asset division and ensuring that any court order is enforced correctly.
A military divorce attorney will also assist in securing expert testimony from financial professionals who understand military pensions and benefits, ensuring that the property division is fair. Furthermore, the lawyer can help ensure that custody arrangements consider the service member’s deployment schedule and that child support is calculated accurately based on military pay. The attorney will be by your hand to navigate through the complexities, whether the service member is in the Army, Navy, or another branch, and ensure compliance with regulations set by Congress.
When spouses cannot come to an agreement, a military divorce attorney can represent you in court, presenting your case and fighting for your rights. Whether through litigation or mediation, your attorney will work to achieve a resolution that aligns with your best interests, whether the service member is in the Army, Navy, Coast Guard, Air Force, or any other branch. For cases involving amicable resolutions, an uncontested divorce lawyer can help facilitate the process efficiently. In more complex situations, a contested divorce attorney will advocate for your rights and ensure your interests are protected throughout the proceedings.
Conclusion
Military divorce in Nevada requires navigating various unique issues that do not arise in civilian divorce cases. From the division of military pensions and benefits to child custody and spousal support, service members and their spouses face significant challenges during the divorce process. Understanding your rights, responsibilities, and options is critical to ensuring a fair and equitable outcome.
Suppose you are facing a military divorce in Nevada. In that case, working with a family law attorney who understands state laws and the federal regulations governing military divorces is crucial. An experienced lawyer can help guide you through the complexities of military divorce, ensuring your rights are protected, and the process is as smooth as possible. For more information or to schedule a consultation, contact Huggins Law Office today and speak with an experienced attorney who can help you navigate this challenging process.
Huggins Law Office is committed to helping military service members and their spouses navigate the complexities of military divorce in Nevada. With years of experience handling military divorce cases, we offer expert legal advice and representation to ensure a fair resolution. Contact us today to schedule a consultation and discuss your case.
Frequently Asked Questions
What is a military divorce, and how does it differ from a civilian divorce?
Due to the nature of military service, including deployment, frequent relocations, and military-specific benefits, a military divorce involves unique challenges. Military divorces may require understanding federal laws, such as the Servicemembers Civil Relief Act (SCRA), and state laws specific to Nevada, such as the division of military pensions and considering deployment schedules in custody arrangements.
What is the Servicemembers Civil Relief Act (SCRA), and how does it apply to military divorce in Nevada?
The SCRA is a federal law that protects active-duty military members involved in legal proceedings, including divorce. It allows service members to request a delay in legal proceedings, ensuring they are not unfairly penalized while deployed or unavailable due to military duties. This law can affect the timeline of a military divorce in Nevada.
How are military pensions divided in a Nevada divorce?
Military pensions are subject to division under the Uniformed Services Former Spouses’ Protection Act (USFSPA). The division depends on the length of the marriage and the number of years the service member served in the military. Typically, the longer the marriage about the service member’s military service, the larger the share of the pension the non-service member spouse may receive.
Do military spouses keep their health care benefits after a divorce in Nevada?
In Nevada, if a marriage lasts 20 years or more and the service member has 20 years of service, the spouse is entitled to continued TRICARE health care benefits. For marriages lasting less than 20 years, the spouse may receive benefits up to one year after divorce but must find alternative health care coverage afterward.
What happens to child custody when one parent is in the military?
Child custody in a military divorce may require adjustments due to the service member’s deployment or relocation. Courts will prioritize the child’s best interests, and a deployment plan may be required to outline how custody will be handled during the service member’s absence. Military parents can also create a family care plan to help guide custody arrangements during deployment.
Can a military service member be required to pay alimony?
Yes, military service members may be required to pay alimony (spousal support) in Nevada, depending on factors such as the length of the marriage, the service member’s retirement benefits, and the financial circumstances of both parties. In some cases, military benefits, including retirement pay, may be factored into the alimony calculation.
How does deployment affect child support in a military divorce?
Child support in a military divorce is calculated based on a service member’s income, including basic pay, allowances, bonuses, and combat pay. The court will consider all sources of income when determining child support, and the service member’s deployment status may impact visitation and custody but not necessarily the obligation to pay support.
Can military divorce cases in Nevada be settled without going to court?
Yes, many military divorce cases can be settled through mediation, which can reduce costs, time, and emotional strain. Mediation allows both parties to negotiate and agree on issues like property division, custody, and alimony without litigation. A lawyer can help facilitate this process and work toward a mutually beneficial solution.
What should I do if I’m a military spouse facing a divorce in Nevada?
If you are a military spouse facing divorce, it’s essential to consult with a Nevada divorce lawyer who specializes in military cases. An experienced attorney can help you navigate the complexities of military benefits, custody arrangements, and asset division, ensuring your rights are protected throughout the divorce process.
How do residency requirements impact a military divorce in Nevada?
To file for divorce in Nevada, at least one party must be a state resident for six weeks before filing. However, service members stationed in Nevada are considered residents for divorce purposes, even if they are there temporarily due to military orders. This ensures that military personnel stationed in Nevada can initiate or respond to a divorce proceeding regardless of their permanent residence.