Las Vegas Military Divorce Attorney
Military Divorce Attorney In Las Vegas, NV
Nevada has a number of military bases, and Las Vegas is home to many service personnel. Service members marry and divorce, argue over property division and child custody arrangements, and participate in all the other drama that comes with a break-up, just like anybody else. If you or your spouse (or both) are military personnel on active duty, you must understand that there are complexities when it comes to military divorce in Nevada.
Although there is no “military divorce” legislation in Nevada, there are a few matters to consider. If you are a member of the military stationed in Nevada or the dependent of a service member who will be filing for divorce in a Nevada court, it’s crucial that your Las Vegas military divorce attorney is aware of the complicated circumstances. Luckily, Spartacus Family Law has experience representing these unique circumstances and has the resources you need for a smooth divorce. Contact us today for an initial consultation and to learn more about how we can help.
Key Facts About Military Divorce In Nevada
Divorce and military divorce are two terms that may have different meanings. When it comes to custody issues, military divorce in Nevada can be a challenging situation. Given the frequent changes of duty stations faced by military families, non-custodial parent visitation rights can and frequently become contentious. Additionally, military personnel are entitled to numerous benefits and pensions, which might become the focus of a contentious divorce settlement.
Because the military considers divorce to be a civilian issue, problems particular to service members tend to complicate the procedure. For instance, if a marriage is breaking up while the spouses live on a military base, the spouse that is not a member of the armed services may need to find new housing right away, which can be difficult. The military will request that a parenting plan be put in place whenever there are minor children involved in a marriage between two service members. The services of a Las Vegas military divorce attorney are frequently required to negotiate the issues presented by military divorces. The following are some of the key distinctions between a civil and military divorce:
Your Rights As A Service Member
The Service Members Civil Relief Act protects the legal rights of military personnel when they are on active duty. When one partner delivers divorce papers to the other, the latter must respond within a certain time limit. Under the SCRA, however:
A Las Vegas military divorce attorney can help you better understand the consequences of your divorce as well as the best way to proceed to make sure you’re protected. If you’re a service member engaged in a messy divorce, contact Spartacus Family Law today for a consultation.
Under the SCRA, the Attorney General is authorized to file a federal lawsuit against any person (or entity) who engages in a pattern or practice of violating this law. 50 U.S.C. § 4041(a)(1). The Attorney General may also file such a suit where the facts at hand raise “an issue of significant public importance.” Id. at § 4041(a)(2). When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual servicemembers. Id. at § 4041(b)(2). The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. Id. at § 4041(b).
The SCRA provides a wide range of benefits and protections to those in military service. See 50 U.S.C. §§ 3901-4043. Military service is defined under the SCRA as including: 1) full-time active duty members of the five military branches (Army, Navy, Air Force, Marine Corps and Coast Guard); 2) Reservists on federal active duty; and 3) members of the National Guard on federal orders for a period of more than 30 days. Id. at § 3911(2). Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. Id. at § 3911(2)(C). Commissioned officers in active service of the Public Health Service (PHS) or the National Oceanic and Atmospheric Administration (NOAA) are also covered by the SCRA. Id. at § 3911(2)(B).
The SCRA also provides certain benefits and protections to servicemember dependents, see, e.g., 50 U.S.C. § 3955, and, in certain instances, to those who co-signed a loan for, or took out a loan with, a servicemember. See id. at § 3913. The term “dependent” includes a servicemember’s spouse, children, and any other person for whom the servicemember has provided more than half of their financial support for the past 180 days. Id. at § 3911(4). For most servicemembers, SCRA protections begin on the date they enter active duty military service. See 50 U.S.C. § 3911(3). For military reservists, protections begin upon the receipt of certain military orders. Id. at § 3917(a).
Dividing Retired Pay As A Marital Asset Or Community Property
Retired pay as property awards must be expressed as:
If the parties are divorced while the member is still on active duty, the former spouse’s award may be expressed by an acceptable formula or hypothetical retired pay award. An award of a percentage of a member’s retired pay is automatically construed under the USFSPA as a percentage of disposable retired pay. A Qualified Domestic Relations Order is not required to divide retired pay as long as the former spouse’s award is set forth in the pertinent court order.
Your Rights As A Divorced Military Spouse
If your divorce or legal separation situation calls for legal representation in civil court or includes contested issues like child custody, child support, or asset division, you’ll want to speak with a qualified military divorce lawyer in Las Vegas. The Uniformed Services Former Spouse Protection Act is a federal statute that gives former spouses of military service members certain rights and protections. If you and your spouse divorce, but do not remarry, you will be eligible for certain benefits. In addition to these benefits, ex-spouses that fulfill the 20/20/20 rule can receive extra perks. The 20/20/20 rule includes military spouses that have fulfilled the following:
Uniformed Services Former Spouses Protection Act (USFSPA)
Medical care, commissary, exchange shopping privileges, housing, and access to base facilities are just a few of the services available to military spouses. However, a divorced spouse of a military member may lose all of those benefits after the divorce is finalized in many circumstances. Dependent children, on the other hand, generally keep most perks after a separation. A number of benefits are offered to military spouses who have not remarried under the Uniformed Services Former Spouse’s Protection Act. However, there is one major exception: former military spouses who have not remarried are eligible for a number of benefits under the same law. The former spouse of a military member who married someone else may be able to keep their military identification card, receive full commissary and exchange privileges, and be eligible for medical treatment in military facilities on a space available basis if the marriage lasted at least 20 years.
Under the exception, a former spouse also may be eligible for medical coverage if they do not have coverage under an employer-sponsored health plan. However, a former spouse over age 65 is not eligible for medical care unless the Social Security Administration issues a letter of disallowance for Medicare Part A. Some transitional medical benefits may be available if there is at least 15 years of retirement creditable service overlap. The medical coverage rules illustrate well the complexity of issues in a military divorce in Nevada.
The Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. 1408, accomplishes two things:
- It recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse), and
- It provides a method of enforcing these orders through the Department of Defense.
The USFSPA does not automatically entitle a former spouse to a portion of the member’s retired pay. A former spouse must have been awarded a portion of a member’s military retired pay as property in their final court order. The USFSPA also provides a method of enforcing current and/or previously owed (arrears) child support and current alimony awarded in the court order. For more information please see 10 USC 1408 and chapter 29 in the DoD Financial Management Regulation.
Understanding Military Divorce Overseas
A divorce judgment issued abroad may be difficult to enforce because courts in the United States are unlikely to accept it. As a result, filing in the United States is usually preferable. The military spouse’s state of residence, regardless of where the service member is stationed, determines if divorce may be filed. The state where the service member claims legal residency or the state in which the nonmilitary spouse resides serves as a criterion for whether divorce is allowed. Keep in mind that these unique types of divorce can be tricky and nuanced, that’s why it’s highly recommended to work with a Las Vegas military divorce attorney who specializes in these types of cases. Some things to keep in mind when filing for divorce while living overseas include:
Special Protections for Federal Disability Benefits
The Court must make an equal distribution of the community property of the parties and any property held in joint tenancy by them when granting a military divorce under Nevada law. NRS 125.150 provides that, in certain situations, a court may grant alimony or spousal support to either spouse. NRS 125.150 and NRS 125.210 cover how property should be divided during a divorce in Nevada. These statutes state that:
In reality, the Court should not consider any federal disability compensation given to a veteran for a service-connected injury while determining how to split the community property.
NRS 125.210 Powers of court respecting property and support of spouse and children.
1. Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:
(a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;
(b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;
(c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and
(d) Determine the time and manner in which the payments must be made.
2. The court may not:
(a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or
(b) Order or decree the payment of a fixed sum of money for the support of the other spouse,
If it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.
3. Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS, in determining whether to award money for the support of a spouse or the amount of any award of money for the support of a spouse, the court shall not attach, levy or seize by or under any legal or equitable process, either before or after receipt by a veteran, any federal disability benefits awarded to a veteran for a service-connected disability pursuant to 38 U.S.C. §§ 1101 to 1151, inclusive.
4. Except as otherwise provided in chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time.
5. No order or decree is effective beyond the joint lives of the spouses.
Frequently Asked Questions
What Is “Marital Share” For Military Divorces In Nevada?
When the duration of a military spouse’s marriage does not match the length of a military member’s career, the notion of “marital share” frequently arises. In other words:
Evaluating the marital portion in a Nevada military divorce correctly is critical to ensuring that:
Can Deployment Affect Child Custody?
The issues surrounding mobilization and deployment would be of particular concern when Nevada military divorce involves children, which might influence the final custody arrangements. However, the consequences of deployment on child custody disputes and/or arrangements will be dependent on the particulars of a specific case, and discussing these things with an experienced Las Vegas military divorce attorney might provide further information. However, what we can tell you is that when a divorced family’s care plan has been approved by Military Court:
Contact A Las Vegas Military Divorce Attorney
Servicemembers have enough on their proverbial plates without divorce and property division issues intruding. If you or your spouse has decided to move ahead with a military divorce, having a knowledgeable attorney on your side can make the process much smoother. Our Las Vegas military divorce attorney at Spartacus Family Law is ready, willing, and able to assist with any questions or confusion you might have regarding military divorces in Nevada. Contact us today to set up an initial consultation and learn more about how we can help you and your family.