15
Feb
A Quick Overview of Military Divorce in Nevada
Are you facing a military divorce in Nevada? Military divorces present unique challenges that set them apart from civilian divorces. Think of it as playing chess on two boards simultaneously – you need to follow both Nevada state laws and federal military regulations. This guide will help you understand the key aspects of military divorce in Nevada.
Starting the Process: Residency and Grounds
Before filing for divorce in Nevada, you’ll need to meet specific residency requirements. Think of residency requirements as your ticket to enter the Nevada divorce court system. You qualify if either you or your spouse have lived in Nevada for at least six weeks before filing, or you got married in Nevada while both living there and are filing in the same county
For military members, establishing residency can be more complex. While being stationed in Nevada isn’t automatically enough to establish residency, your legal residence (often called “home of record”) might qualify you. It’s similar to how college students maintain their home state residence while studying elsewhere.
As for grounds for divorce, Nevada offers three options. The first is living separately for one year or more. If you haven’t occupied the same residence for at least a year, this applies to you. Next, spouse’s insanity for at least two documented years can be grounds for divorce. The last option is incompatibility. Most couples, military or civilian, choose incompatibility – Nevada’s version of “no-fault” divorce. It’s like saying “we just don’t work together anymore” without having to prove who’s at fault.
Special Protections for Service Members
The military understands that serving your country can make it difficult to participate in legal proceedings. That’s why the Servicemembers Civil Relief Act provides important protections, including a 90-day delay in proceedings if military service interferes with participation, protection from default judgments (decisions made when one party doesn’t respond), and the right to have an attorney appointed to protect their interests.
Nevada has modernized its approach by allowing virtual court appearances, making it easier for deployed service members to participate in their divorce proceedings – think of it as Zoom meetings with legal authority.
Medical Benefits and Asset Division
Military medical benefits post-divorce follow what’s known as the “20/20/20 rule.” Like a three-part combination lock, all three numbers need to align for full benefits: 20 years of marriage, 20 years of military service, and 20 years of overlap between the marriage and service.
If there’s only 15 years of overlap, the spouse gets one year of transitional benefits. Children’s coverage continues until age 21 (or longer if in school or disabled), regardless of the divorce.
Nevada is a community property state, meaning assets acquired during marriage are typically split 50/50, like cutting a pie down the middle. Military pensions can be divided as part of this property division, but there’s a catch: for the military to pay the ex-spouse directly, the marriage must have overlapped with military service for at least 10 years (the “10/10 rule”).
Child Custody and Family Care Plans
Child custody decisions prioritize the child’s best interests, but military service adds another layer of complexity. Service members with custody responsibilities must create a Family Care Plan – think of it as a detailed backup plan for when duty calls. This plan is required if you’re a single military parent, share custody with someone other than your current spouse, or both parents are service members.
The plan must detail contact information for the other parent and alternate caregivers, financial support arrangements, transportation plans, and contingency plans in case of death. Active duty members have 60 days to submit this plan, while reserve members get 90 days.
Making the Law Work for You
Navigating a military divorce requires understanding both state and federal laws, making it crucial to work with an attorney experienced in military divorce matters. Like having a skilled navigator on a complex journey, the right legal guidance can help you avoid pitfalls and reach your destination more smoothly.
Remember, while this overview provides general information, every military divorce has its unique circumstances. Consulting with a qualified attorney who understands both Nevada family law and military regulations is your best first step toward handling your military divorce effectively. At Kelleher & Kelleher, our Las Vegas family law specialists combine deep knowledge of Nevada family law with extensive experience in military divorce cases.
Ready to take the first step? Call us at (702) 384-7494. Our experienced Nevada family law attorneys will help protect your rights and guide you through every stage of your military divorce.