Military Divorces can pose unique challenges that aren’t seen in civilian divorces:
Servicemembers Civil Relief Act (SCRA)
Military personnel are covered by the Servicemembers Civil Relief Act (SCRA). The SCRA protects military personnel from lawsuits, including divorce matters, so that they can serve their country. The courts can delay proceedings while a service member is on active duty, and for a time following active duty.
Jurisdiction in Military Divorce
Establishing jurisdiction in military divorce cases requires certain procedures to be followed concerning document service. The procedures can be different depending on whether the service member is on active duty, is out of the country, deployed, serving on a ship, etc.
Filing Requirements for a Military Divorce in Nevada
If you are a service member, you must meet one of these requirements before filing:
- If you have lived in Nevada for at least six weeks prior to filing for divorce.
- If you have been stationed in Nevada for at least six weeks prior to filing for divorce.
- If you were a resident of Nevada prior to being stationed.
Military Retirement Benefits
Federal law dictates how military pensions are divided. The Uniformed Services Former Spouses’ Protection Act (USFSPA) may impact your divorce, and can require payment of some portion of a military retiree’s pay to a former spouse. The USFSPA may also pertain to a former spouse’s medical, commissary, and exchange privileges.
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