Military divorce can often feel like surviving a dense jungle: there are hidden paths, unexpected turns, and unfamiliar creatures of legal jargon lurking around every corner. If you’re in the military and live in (or have ties to) Nevada, our Nevada military divorce lawyers can help you. Below, you’ll find everything you need to know—from residency requirements and special military protections to tips on dividing military benefits.
1. Why Choose Nevada for a Military Divorce?
Nevada has long been known for its relatively lenient residency requirements and straightforward divorce procedures. If you’re in the military, whether stationed in Nevada or simply passing through, you may find Nevada’s laws can simplify certain hurdles compared to other states.
- Shorter Residency Requirement: Nevada law (specifically Nevada Revised Statutes (NRS) 125.020) typically only requires six weeks of residency in the state to file for divorce. This is much shorter than in many other jurisdictions, which sometimes require six months or a year.
- Quick Processing: As a metaphor, think of Nevada divorces as the “fast lane” on the highway. In many cases, especially if your divorce is uncontested (both parties agree on issues like property division and child custody), you can finalize the divorce much faster than in states with more elaborate procedures.
2. Establishing Residency for Military Divorce: Standing on Nevada Soil
2.1. The Six-Week Rule
Under NRS 125.020, if at least one spouse has been a resident of Nevada for a minimum of six continuous weeks, Nevada courts will accept jurisdiction over the divorce. As a military member, you can establish this residency if:
- You are physically present in Nevada.
- You have the intent to remain for the foreseeable future (this doesn’t mean you have to retire there—just that you don’t have plans to move immediately).
Often, a third party (like a friend, coworker, or neighbor) must sign an Affidavit of Residency confirming that you’ve lived in Nevada for the required period.
2.2. Deployed or Temporarily Stationed Elsewhere?
Being a servicemember, you might worry about meeting the residency requirement if your deployment or duty station is out of state or overseas. The good news is that if your spouse establishes legal residence in Nevada (and meets the six-week requirement), the Nevada court can still handle the divorce, even if you are not physically present in the state.
3. Protections for Servicemembers During Divorce: The SCRA
Getting served with divorce papers while you’re busy doing your job—perhaps overseas or on a submarine—can feel like trying to read a map in the dark. The Servicemembers Civil Relief Act (SCRA) is there to shine a light and ensure you’re not unfairly disadvantaged due to your military service.
- Automatic Stays: Under 50 U.S.C. §§ 3901–4043 (the SCRA), you can request a stay (postponement) of at least 90 days in divorce or other civil proceedings if your military duties prevent you from participating in or responding to the court action.
- Waiver of SCRA Rights: If you wish to proceed with the divorce without delay (e.g., to finalize quickly), you can sign a waiver of these protections. However, be cautious: this waiver is a significant legal step. It’s similar to removing your safety net while walking a tightrope, so you want to be absolutely sure it’s the right move.
4. Steps to Filing a Military Divorce in Nevada
4.1. Consult an Attorney
While you can technically file on your own, it’s wise—especially for military families—to consult a Nevada family law attorney or a legal assistance office on base. Military divorce laws involve additional layers such as military retirement benefits and custody arrangements during deployments. Our Nevada military divorce lawyers can help you every step of the way, no matter how complex.
Tip: If you’re stationed at or near Nellis Air Force Base, look into legal assistance resources available on base. Many installations offer free legal advice to active-duty servicemembers.
4.2. File the Necessary Paperwork
To begin the divorce process, you or your spouse must file a Complaint for Divorce (for a contested divorce) or a Joint Petition (for an uncontested divorce) with the appropriate Nevada District Court (usually in the county where you reside).
- Complaint for Divorce (Contested): If you and your spouse can’t agree on major issues, you’ll file this form and serve it to your spouse.
- Joint Petition (Uncontested): If you agree on everything—think of it like shaking hands on the entire deal—you both sign a Joint Petition, making the process faster and smoother.
4.3. Serve the Papers (If Filing a Complaint)
If you file a complaint, you must officially notify your spouse of the pending action, typically through a process server or other authorized means. If your spouse is also in the military, be aware that serving them can be more complex if they’re on deployment. You may need to coordinate with their commanding officer or follow specific base regulations.
4.4. Responding to the Divorce Filing
Your spouse (or you, if you’re on the receiving end) generally has 20 days to file a Response. Thanks to the SCRA, active-duty servicemembers can request an extension if military duties prevent them from responding on time.
4.5. Court Hearings and Final Decree
- Uncontested Cases: Often, you may not even need to appear in court. The judge can approve the divorce paperwork and issue a Final Decree of Divorce relatively quickly.
- Contested Cases: If you can’t reach an agreement, you’ll likely attend court hearings or mediation sessions. The judge will make decisions on unresolved issues (property division, child custody, spousal support, etc.).
Once the court issues the Final Decree of Divorce, you’re officially divorced—like crossing the finish line of a marathon.
5. Division of Military Benefits
5.1. Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA (10 U.S.C. § 1408) sets guidelines for states to divide military retirement pay in a divorce. If you have served for many years, your spouse could be entitled to a portion of your retirement benefits.
- 10/10 Rule: A common point of confusion is the “10/10 rule,” which means the Defense Finance and Accounting Service (DFAS) will handle direct payments to the former spouse if you and your spouse were married for at least 10 years during which you performed 10 years of military service creditable towards retirement.
5.2. Tricare and Other Benefits
- Healthcare: After divorce, a former spouse may lose Tricare benefits unless they meet specific criteria (e.g., 20/20/20 rule, meaning at least 20 years of marriage overlapped with 20 years of service).
- Survivor Benefit Plan (SBP): Divorce decrees can mandate SBP coverage for the former spouse, ensuring continued benefits in the event of the servicemember’s death.
Think of these benefits as puzzle pieces; each piece has its own shape and rules about how it connects to others. You’ll need to understand each piece to put together a complete and fair financial picture.
6. Child Custody & Support
6.1. Custody Considerations
Nevada courts focus on the best interest of the child (see NRS 125C.0035) when awarding custody. Military deployment schedules can complicate physical custody arrangements. You may need a detailed parenting plan that accounts for:
- Long-term deployments
- Temporary Duty (TDY) assignments
- Communication methods (video calls, email, letters)
Courts will typically not penalize you simply because of your service obligations, but it’s essential to have a plan for how child care and contact will continue during deployments. Speak to a Nevada child custody lawyer for advice on your specific situation.
6.2. Child Support
Nevada uses income-based formulas (under NRS Chapter 125B) to determine child support amounts. BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence) can be factored into your total income. Child support calculators are available that can help you estimate who will owe what to who.
7. Practical Tips and Additional Resources
7. Practical Tips and Additional Resources- Keep Copies: Like squirreling away acorns for winter, keep copies of all important documents—orders, ID cards, pay stubs, retirement statements—in a secure location.
- Legal Assistance Offices: Most military installations have a legal assistance office that provides free or low-cost services to active-duty personnel.
- Mediation: Nevada courts often encourage mediation, which can keep costs down and reduce animosity—a big plus if you have children.
- Mental Health Support: Divorce can be like riding a roller coaster—highs, lows, and sudden drops. Don’t hesitate to access chaplains, military family support centers, or mental health professionals for emotional support.
8. Frequently Asked Questions
Q: Can I file in Nevada if my spouse and I are stationed overseas but have Nevada as our home of record?
A: Yes. If you maintain Nevada as your home of record (and have not established a legal domicile elsewhere) or if your spouse meets the six-week residency requirement, you can file in Nevada.
A: Yes. If you maintain Nevada as your home of record (and have not established a legal domicile elsewhere) or if your spouse meets the six-week residency requirement, you can file in Nevada.
Q: Do I have to be physically present for the entire divorce process?
A: Not necessarily. You or your attorney can often handle the paperwork, and uncontested divorces may not require a hearing. If you’re deployed, you can grant Power of Attorney to someone to sign documents on your behalf (where permissible), but you must ensure compliance with military regulations.
A: Not necessarily. You or your attorney can often handle the paperwork, and uncontested divorces may not require a hearing. If you’re deployed, you can grant Power of Attorney to someone to sign documents on your behalf (where permissible), but you must ensure compliance with military regulations.
Q: How soon after the final decree can I remarry?
A: Nevada does not impose a waiting period after divorce. As soon as the Final Decree of Divorce is signed and filed, you’re free to remarry.
A: Nevada does not impose a waiting period after divorce. As soon as the Final Decree of Divorce is signed and filed, you’re free to remarry.
9. References and Sources
- Nevada Revised Statutes (NRS)
- Servicemembers Civil Relief Act (SCRA)
- Uniformed Services Former Spouses’ Protection Act (USFSPA)
- Nevada Judiciary
-
- Nevada Judiciary’s Self-Help Center (for forms and general information)
- Military OneSource
10. Final Thoughts
Navigating a military divorce in Nevada can feel like planning a mission: you need a clear objective, proper intel, and the right team. But rest assured, by understanding Nevada’s residency requirements, utilizing the SCRA’s protections, and staying on top of issues like custody and military benefits, you can complete this “mission” with greater confidence. With the right resources and professional guidance, you’ll be better equipped to protect your rights and make informed decisions for your family’s future.
Remember, if you’re feeling lost, don’t be afraid to reach out for help—from the legal assistance office, from an attorney who specializes in military divorce, or even from supportive friends and counselors. This process can be challenging, but with preparation and support, you can emerge on the other side ready to start the next chapter of your life.
“When we went to trial I felt confident that we were prepared. John had an amazing presence in court. I knew I was being well represented. If you are looking for legal representation, talk to John before making a decision.”
—Jay H., client
What about annulments?
With compassion, understanding, and sensitivity, we can help you along this very difficult process while protecting your interests.
What about child custody?
In the family court arena, nothing is more important to the parties than custody issues regarding their children. At Kelleher & Kelleher, the attorneys are all parents and we understand how important your children are to you. We are ready to aggressively represent you in child custody matters.
Let us help you.
If you have any questions regarding adoptions, contact us for a consult today!
Call us at (702) 384-7494
or