Military divorce is different from civilian divorce in many aspects. When it comes to divorcing while in the military, it requires an understanding of some specific issues that may not apply to civilian divorces. While military divorce laws may vary from state to state, military couples living in Nevada should understand certain considerations when getting a divorce. This article highlights some of the critical factors military couples should keep in mind when divorcing in Nevada.
Residency Requirement
One of the first things to figure out when considering a military divorce in Nevada is whether or not you and/or your spouse meets the residency requirement. Nevada is a residency state, meaning, you or your spouse must have lived in the state for at least six weeks before filing for divorce. However, military couples may be exempt from this requirement if either spouse is a resident of Nevada or currently stationed in Nevada for a minimum of six weeks.
Military Pension Division
Military pension division is another essential consideration when it comes to military divorce. In Nevada, military pensions are considered community property. That means, depending on the length of the marriage, both spouses may be entitled to a portion of the military retirement benefits once officially determined.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) also comes into play here. It allows state courts to divide the military retirement benefits as they see fit concerning the length of the marriage and other factors. In Nevada, the court considers if the military member was on active duty during marriage and how long the couple was married while dividing the retirement benefits.
Military Child Support And Custody
When minor children are involved in a military divorce case, issues related to child support and custody become essential. In Nevada, the court makes decisions regarding child custody based on the best interests of the child. However, when it comes to military divorce, the military parent’s active-duty status can play a role in deciding a custody arrangement.
Additionally, under the Servicemembers Civil Relief Act (SCRA), active duty military members cannot be held in civil court without their consent. In other words, if a military service member is not present in court, an automatic 90-day continuance may be granted in their case. It means that custody and support hearings may be postponed for up to 90 days to ensure the military member can have a fair hearing.
Filing For Divorce While Deployed
As a military member, deployment is not a matter of if, but when. When going through a deployment while still married, it is possible to get a divorce, but it can be quite challenging. In Nevada, if a military service member is deployed overseas, they can still file for divorce, but they must do so in person or through a lawyer to ensure compliance with state laws.
Conclusion
In summary, military divorces in Nevada can be a complicated process that requires understanding of both state and federal laws. From residency requirements to military pension division, child custody, and filing for divorce while deployed, military couples need to keep in mind specific considerations during the divorce process. The key to navigating a military divorce is to work with an experienced attorney who understands the unique challenges military couples face during the divorce process and can help them advocate for their rights and interests.