Las Vegas Military Divorce Lawyer

Common Factors of a Military Divorce

Military divorces involve unique factors that don’t typically arise in civilian divorces. Here are several factors that can complicate the divorce process:

Military Benefits and Pensions

One of the most significant considerations in any military divorce is the division of military benefits, particularly the service member’s pension. The Uniformed Services Former Spouse Protection Act (USFSPA) allows state courts to divide military pensions as marital property in divorce settlements. However, to be eligible for a direct payment from the military, certain criteria must be met, including the “10/10 rule,” which requires the couple to have been married for at least 10 years, and the service member must have served at least 10 years of active duty during the marriage.

If the marriage doesn’t meet these requirements, the non-military spouse may still receive a portion of the pension, but it will need to be handled through state courts rather than directly from the Department of Defense.

Child Custody and Support

Child custody and support matters are always a concern in divorce cases, but military divorces often have additional complications due to deployments and frequent relocations. When a service member is deployed or stationed overseas, it can be difficult to make permanent custody arrangements. Courts generally prioritize the best interests of the child, but they will also consider the service member’s availability for visitation and parenting duties.

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) provides certain protections to military service members during divorce proceedings, especially when they are deployed or stationed away from home. Under the SCRA, a service member can request a delay or stay in divorce proceedings if they are unable to participate in the case due to their military duties. This is to ensure that a service member's rights are not compromised while they are serving their country. The court may postpone divorce proceedings until the service member is able to participate, and this delay cannot exceed 90 days without the service member's consent.

Alimony and Spousal Support

Alimony, or spousal support, is another important factor in military divorce cases. Military spouses may be entitled to financial support based on the length of the marriage and the non-military spouse's needs. Military pensions are also considered when determining alimony. In cases where the service member has a pension or retirement benefits, the court may factor this into the spousal support calculations.

Military Divorce FAQs

What are the requirements for a military divorce in Nevada?

To file for a military divorce in Nevada, one of the spouses must meet the state's residency requirements. This means that either the service member or the spouse must have lived in Nevada for at least six weeks prior to filing. In addition, military personnel stationed in Nevada can file for divorce in the state, even if they do not consider it their permanent home. If the service member is deployed or stationed overseas, the divorce proceedings can still proceed, but special rules and protections may apply due to their absence.

What happens if the military spouse is deployed during the divorce process?

If a military spouse is deployed or stationed abroad during the divorce process, the divorce can still proceed, but their deployment may delay certain proceedings. The Servicemembers Civil Relief Act (SCRA) protects military personnel from default judgments while they are on active duty. The court may postpone hearings or settlement negotiations to accommodate the service member’s deployment, ensuring that they have the opportunity to participate in the process. Additionally, the court may modify visitation and custody arrangements to account for the military member’s absence, potentially allowing for virtual custody or other accommodations during their deployment.

How does the military treat health insurance during a divorce?

In a military divorce, the non-military spouse and children may be entitled to continued access to military health benefits, such as TRICARE, if certain conditions are met. If the marriage lasted at least 20 years and the service member has been in the military for at least 20 years, the non-military spouse may qualify for full access to health insurance benefits under the 20/20/20 rule. If the marriage lasted less than 20 years, the spouse may still be entitled to a limited period of health coverage under the 20/20/15 rule, which applies if the marriage lasted at least 15 years and the service member served 20 years in the military.